IN RE WISCONSIN CENT. RY. CO.

No. 17104.

64 F.Supp. 251 (1946)

In re WISCONSIN CENT. RY. CO.

District Court, D. Minnesota, Fourth Division.

January 18, 1946.


Attorney(s) appearing for the Case

George W. Morgan, of St. Paul, Minn., and M'Cready Sykes, of New York City (Morgan, Chase, Headley & Hoshour, of St. Paul, Minn., and Stewart & Shearer, of New York City, of counsel), for Trustees under First General Mortgage.

W. Lloyd Kitchel, of New York City (Cadwalader, Wickersham & Taft, of New York City, of counsel), for Protective Committee for First General Mortgage bonds.

Olin, Clark & Murphy, of New York City, and Stinchfield, Mackall, Crounse & Moore, of Minneapolis, Minn. (Thomas P. Helmey, of Minneapolis, Minn., of counsel), for Empire Trust Co. and Henry A. Bultman, Trustees of Refunding Mortgage.

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

Snyder, Gale, Hoke, Richards & Janes, of Minneapolis, Minn., and Cravath, Swaine & Moore, of New York City, for Chemical Bank & Trust Co. and John A. W. Richardson, Jr., as Trustees under Superior and Duluth Division and Terminal First Mortgage.

James L. Hetland and E. E. Boyner, both of Minneapolis, Minn., for Minneapolis, St. Paul & Sault Ste. Marie R. Co.

James E. Dorsey and Donald West, and Dorsey, Colman, Barker, Scott & Barber, all of Minneapolis, Minn., for Trustees of Debtor Co.

J. B. Faegre and Everett A. Drake, both of Minneapolis, Minn. (Faegre & Benson, of Minneapolis, Minn., of counsel), for Trustee under Marshfield and South Eastern Division Mortgage.


NORDBYE, District Judge.

All the parties who have filed briefs and participated in the oral argument recognize that the Trustees of the debtor have the right to use the income to operate the debtor railroad and that their claims are subsequent to that right. Consequently, question (b) becomes moot at this time and need not be discussed. The determination of the question propounded under (a) requires an understanding of a rather detailed recital of facts.

The...

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