IN RE CENTRAL OF GEORGIA RY. CO.

No. 4829.

58 F.Supp. 816 (1945)

In re CENTRAL OF GEORGIA RY. CO.

District Court, S. D. Georgia, Savannah Division.

January 25, 1945.


Attorney(s) appearing for the Case

Adams, Douglas & Brennan, of Savannah, Ga., for Citizens & Southern Nat. Bank, trustee of Chattanooga Division Mortgage of Central of Georgia Ry. Co.

T. M. Cunningham and George O'Donnell, both of Savannah, Ga., for Merrel P. Callaway, and Central of Georgia Ry. Co.

Francis T. P. Plimpton (Debovoise, Stevenson, Plimpton & Page), of New York City, and R. Basil Morris (Hitch, Morris & Harrison), of Savannah, Ga., for Liberty National Bank & Trust Co., trustee First Mortgage Central of Georgia Ry. Co.

Edwards W. Bourne (Alexander & Green), of New York City, and Luthur H. Zeigler (McLaws, Brennan & Zeigler), of Savannah, Ga., for Bankers Trust Co., trustee Consolidated Mortgage of Central of Georgia Ry. Co.

Alexander M. Lewis (Rathborn Perry, Kelley & Drye), of New York City, and Henry M. Dunn (Anderson, Cann & Dunn), of Savannah, Ga., for Central Hanover Bank & Trust Co., trustee for Chattanooga, Rome & Southern Mortgage, and trustee for Second Preference Income Mortgage of Central of Georgia Ry. Co.

Robert M. Becket (Wright, Gordon, Zachry, Parlin & Cahill), of New York City, and W. M. Fulcher (Lee, Congdon & Fulcher), of Augusta, Ga., for Chemical Bank & Trust Co., trustee Refunding and General Mortgage of Central of Georgia Ry. Co.

Frank M. Oliver (Oliver, Oliver & Davis), of Savannah, Ga., for Manufacturers Trust Co., trustee First Preference Income Mortgage Central of Georgia Ry. Co.

R. Basil Morris (Hitch, Morris & Harrison), of Savannah, Ga., for Liberty National Bank & Trust Co., trustee of Third Preference Income Mortgage Central of Georgia Ry. Co.


LOVETT, District Judge.

The Central of Georgia Railway Company, hereinafter usually referred to as the "debtor," in 1901 acquired by purchase from the Chattanooga, Rome & Southern Railroad Company its line of railway, together with all of its assets, rights, franchises, etc. The C. R. & S. then went out of business. The purchase was made and the property conveyed subject to an underlying mortgage of the C. R. & S. thereon dated July 1, 1897, which provided...

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