IN RE WISCONSIN CENT. RY. CO.

No. 17104.

68 F.Supp. 320 (1946)

In re WISCONSIN CENT. RY. CO.

District Court, D. Minnesota, Fourth Division.

October 2, 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 the trustees under the 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 Company and Henry A. Bultman, trustees of First and Refunding Mortgage.

Henry S. Mitchell, of Minneapolis, Minn. (Leonard H. Murray, of Minneapolis, Minn., of counsel), for Canadian Pacific Railway Company.

Cravath, Swaine & Moore, of New York City, and Frank A. Janes, of Minneapolis, Minn. (Frank H. Detweiler, Frank J. Pohl, and William E. Collins, all of New York City, of counsel), for Chemical Bank & Trust Company and John A. W. Richardson, Jr., as trustees under the Superior and Duluth Division and Terminal First Mortgage.

Mudge, Stern, Williams & Tucker, and Abraham Mitnovetz, all of New York City, and Bergmann Richards, of Minneapolis, Minn. (Paul Duryea Miller and John Wallis, of New York City, of counsel), for Protective Committee for holders of Superior and Duluth Division and Terminal First Mortgage Bonds.

Faegre & Benson and Everett A. Drake, of Minneapolis, Minn., for successor trustee of the Marshfield and South Eastern Division Purchase Money First Mortgage.

James E. Dorsey and Donald West, of Minneapolis, Minn., for trustees of the debtor company.

E. E. Boyner, of Minneapolis, Minn., for Minneapolis, St. Paul & Sault Ste. Marie Railway Company.


NORDBYE, District Judge.

The Wisconsin Central Railway Company, the debtor, is in reorganization under the jurisdiction of this Court pursuant to Section 77 of the Bankruptcy Act, 11 U.S.C.A. § 205. The instant matter is before the Court by virtue of Order 14e, dated December 28, 1945, which propounded the following questions for hearing:

(a). Which of the mortgages of the debtor are a lien upon the equipment of the debtor at the time of such determination...

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