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IN RE DULUTH, S. S. & A. RY. CO.

No. 13310.

58 F.Supp. 733 (1945)

In re DULUTH, S. S. & A. RY. CO. et al.

District Court, D. Minnesota, Fourth Division.

January 31, 1945.

Attorney(s) appearing for the Case

Ralph Royall (of Ehrich, Royall, Wheeler & Holland), of New York City, and F. H. Stinchfield (of Stinchfield, Mackall, Crounse & Moore), of Minneapolis, Minn., for petitioner.

Henry S. Mitchell, of Minneapolis, Minn. (Leonard H. Murray, of Minneapolis, Minn., of counsel), for Canadian Pac. Ry. Co.

P. L. Solether, of Minneapolis, Minn., for trustees.

Cleon Headley (of Kellogg, Morgan, Chase, Carter & Headley), of St. Paul, Minn., for Central Hanover Bank & Trust Co. as Trustee.

Reese D. Alsop, of New York City, and Peter Newton Todhunter, of Chicago, Ill. (Hunt, Hill & Betts, of New York City, of counsel), for First Mortgage Bondholders' Committee.

NORDBYE, District Judge.

This matter came before the undersigned, one of the Judges of the above named Court, on the amended petition of the intervener, Louis Lober, for the hearing and determination, as a separate issue, of his claim that the claims of the Canadian Pacific Railway Company be subordinated to the claims of the owners of the first mortgage five per cent bonds of the debtor.

The matter is presented on the facts set forth in the amended petition...

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