BANKERS TRUST CO. v. CALLAWAY

No. 11144.

148 F.2d 629 (1945)

BANKERS TRUST CO. et al. v. CALLAWAY et al.

Circuit Court of Appeals, Fifth Circuit.

April 3, 1945.


Attorney(s) appearing for the Case

Edward W. Bourne, of New York City, and Luther H. Zeigler, of Savannah, Ga., for appellant Bankers Trust Co., as trustee, etc.

Robert M. Becket of New York City, and William M. Fulcher, of Augusta, Ga., for appellant Chemical Bank & Trust Co., as trustee, etc.

James L. Homire, Chief Railroad Counsel, Reconstruction Finance Corporation, and Emmet McCaffery, Attorney, Reconstruction Finance Corporation, both of Washington, D. C., and Robert B. Troutman and William K. Meadow, both of Atlanta, Ga., for appellant Reconstruction Finance Corporation.

T. M. Cunningham, of Savannah, Ga., for appellee Merrel P. Callaway, as trustee, etc.

A. M. Lewis, of New York City, and J. Randolph Anderson, of Savannah, Ga., for appellee Central Hanover Bank & Trust Co., as trustee.

R. Basil Morris, of Savannah, Ga., for appellee Liberty National Bank & Trust Co. of Savannah, as trustee, etc.

J. F. Gillis and John P. Allee, both of New York City, and F. M. Oliver, of Savannah, Ga., for appellee Manufacturers Trust Co., as trustee, etc.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HUTCHESON, Circuit Judge.

Questions as to respective mortgage lien1 priorities2 on lines of railway and branches acquired after November 1, 1895, having arisen in connection with a plan for the reorganization of the Central of Georgia Railway Co., the trustee in the debtor proceedings filed a petition to have them determined.

In reaching his conclusion as to...

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