CHICAGO, R. I. & P. RY. CO. v. FLEMING

Nos. 8929-8931, No. 8938.

157 F.2d 241 (1946)

CHICAGO, R. I. & P. RY. CO. et al. v. FLEMING et al. (two cases). ST. LOUIS UNION TRUST CO. v. FLEMING et al. AXELROD et al. v. SAME.

Circuit Court of Appeals, Seventh Circuit.

As Amended on Denial of Rehearing June 20, 1946.

Writ of Certiorari Denied November 18, 1946.


Attorney(s) appearing for the Case

Loy N. McIntosh, of Chicago, Ill. (Gann, Secord, Stead & McIntosh, of Chicago, Ill., of counsel) for appellants Carter H. Harrison et al.

Alfred Berman and Guggenheimer & Untermyer, all of New York City, for William J. McEnery, amicus curiae.

Henry F. Tenney, of Chicago, Ill., and John Gerdes, of New York City, for Chicago, R. I. & P. Ry. Co.

R. H. McRoberts and T. S. McPheeters, Jr., both of St. Louis, Mo., and J. F. Dammann and Benj. H. Weisbrod, both of Chicago, Ill. (Bryan, Cave, McPheeters & McRoberts, of St. Louis, Mo., and Wilson & McIlvaine, of Chicago, Ill., of counsel), for St. Louis Union Trust Co.

Harry Kirshbaum, of New York City, and Michael Gesas, of Chicago, Ill., for Convertible Bond Holders Group.

Edward K. Hanlon, Walter H. Brown, Jr., Edward W. Bourne, and Wilkie Bushby, all of New York City, F. H. Towner, of Chicago, Ill., Sanford H. E. Freund, of New York City, Otis F. Glenn, W. F. Peter, and Irwin T. Gilruth, all of Chicago, Ill., and Alexander M. Lewis, of New York City, Alexander & Green, of New York City (Clyde W. Sorrell, of New York City, of counsel), Winston, Strawn & Shaw, of Chicago, Ill., White & Case, of New York City (Jesse E. Waid, of New York City, of counsel), Winston, Strawn & Shaw, of Chicago, Ill., and Root, Ballantine, Harlan, Bushby & Palmer, of New York City (Joseph Schreiber, of New York City, of counsel), Rathbone, Perry, Kelley & Drye, Shearman & Sterling & Wright, Beekman & Bogue, and Willkie, Owen, Otis, Farr & Gallagher, all of New York City, for Fleming and Colnon, trustees.

Before KERNER and MINTON, Circuit Judges, and LINDLEY, District Judge.


Writ of Certiorari Denied November 18, 1946. See 67 S.Ct. 201.

KERNER, Circuit Judge.

Appeals are taken by four separate groups of appellants from an order approving a plan of reorganization for the Chicago, Rock Island and Pacific Railway Company. On oral argument the cases were heard together and will be treated in one opinion because of the similarity of issues raised.

On June 7, 1933, the debtor railway company filed a petition under § 77...

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