BROOKS v. ST. LOUIS-SAN FRANCISCO RY. CO.

Nos. 13105-13107.

153 F.2d 312 (1946)

BROOKS v. ST. LOUIS-SAN FRANCISCO RY. CO. et al. DIKIS et al. v. SAME. ST. LOUIS-SAN FRANCISCO RY. CO. v. PRIOR LIEN BONDHOLDERS' COMMITTEE et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 6, 1946.


Attorney(s) appearing for the Case

William V. Hodges, of Denver, Colo. (Daniel Bartlett, of St. Louis, Mo., and Hodges, Vidal & Goree and Walter M. Simon, all of Denver, Colo., on the brief), for appellant St. Louis-San Francisco Ry. Co., Debtor.

Chelsea O. Inman, of St. Louis, Mo. (Phil W. Davis, Jr. and W. N. Maben, both of Tulsa, Okl., on the brief), for appellants Lola Brooks, Adm'x of Estate of F. S. Brooks, deceased, and John E. Dikis, Adm'r of Estate of Robert E. Lee, deceased, and others.

George D. Gibson, of Richmond, Va. (Lowenhaupt, Waite, Chasnoff & Stolar and Jacob Chasnoff, all of St. Louis, Mo., and Hunton Williams, Anderson, Gay & Moore and Henry W. Anderson, all of Richmond, Va., on the brief), for appellee Prior Lien Bondholders' Committee.

Leonard D. Adkins, of New York City (Carter, Bull & Garstang and Emmet T. Carter, all of St. Louis, Mo., and Cravath, Swaine & Moore and Robert T. Swaine, all of New York City, on the brief), for appellee Consolidated Bondholders' Committee.

Edwin S. S. Sunderland, of New York City (Charles P. Williams, of St. Louis, Mo., and Davis, Polk, Wardwell, Sunderland & Kiendl, Thomas O'G. FitzGibbon, and James L. Homire, all of New York City, on the brief), for appellee Fort Scott Bondholders' Committee.

Bryan, Cave, McPheeters & McRoberts and Thomas S. McPheeters, all of St. Louis, Mo., and White & Case and Fitzhugh McGrew, all of New York City, for appellee Bankers Trust Co., Trustee, Kansas City, Fort Scott and Memphis R. Co. Refunding Mortgage.

Fordyce, White, Mayne, Williams & Hartman and Thomas W. White, all of St. Louis, Mo., and Rathbone, Perry, Kelley & Drye and Alexander M. Lewis, all of New York City, for appellee Central Hanover Bank & Trust Co., Trustee, St. Louis-San Francisco R. Co. Prior Lien Mortgage.

Nagel, Kirby, Orrick & Shepley, Ethan A. H. Shepley, and William G. Pettus, Jr., all of St. Louis, Mo., and Milbank, Tweed & Hope and Orville W. Wood, all of New York City, for appellees Chase Nat. Bank of City of New York and John A. Aid, Trustees, St. Louis-San Francisco R. Co. Consolidated Mortgage.

Before GARDNER, THOMAS and RIDDICK, Circuit Judges.


GARDNER, Circuit Judge.

There are here three appeals, Nos. 13,105, 13,106 and 13,107, all from an order of the District Court approving a plan of reorganization for the St. Louis-San Francisco Railway Company. As these appeals raise substantially the same questions and were consolidated for purpose of presentation, they will be considered together. The plan of reorganization reduced the capitalization of the Railway Company from about $480,000,000 to about $247,000...

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