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R.F.C. v. DENVER & R.G.W.R. CO.

No. 278.

328 U.S. 495 (1946)

RECONSTRUCTION FINANCE CORPORATION ET AL. v. DENVER & RIO GRANDE WESTERN RAILROAD CO. ET AL.

Supreme Court of United States.

Decided June 10, 1946.

Attorney(s) appearing for the Case

George D. Gibson argued the cause for petitioners. With him on the brief were Solicitor General McGrath, W. Meade Fletcher, Jr., Alexander M. Lewis, John W. Davis, Edwin S.S. Sunderland, James L. Homire, Thomas O'G. FitzGibbon, Judson C. McLester, Jr., Henry W. Anderson, W.A.W. Stewart and Arthur A. Gammell.

George L. Shearer entered an appearance for the United States Trust Company of New York, and John W. Drye, Jr. entered an appearance for the Central Hanover Bank & Trust Company, petitioners.

Frank C. Nicodemus, Jr. argued the cause for the Denver & Rio Grande Western Railroad Company, respondent. With him on the brief was William V. Hodges.

Edward E. Watts, Jr. argued the cause for the City Bank Farmers Trust Company, respondent. With him on the brief were Peter H. Holme and Milton J. Keegan.

H.H. Larimore filed a brief and submitted for Thompson, Trustee, respondent.

MR. JUSTICE REED delivered the opinion of the Court.

The petitioners in these five cases are the owners of claims against the debtor, Denver & Rio Grande Western Railroad Company, or against a secondary debtor, the Denver & Salt Lake Western Railroad Company. The respondents are the two debtors just named; City Bank Farmers Trust Company, Trustee under the General Mortgage of the principal debtor; and the Trustee of the Missouri Pacific Railroad Company, a...

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