IN RE CHICAGO, R. I. & P. RY. CO.

Nos. 9203-9208.

160 F.2d 942 (1947)

In re CHICAGO, R. I. & P. RY. CO. CHESTON et al. v. CHASE NAT. BANK et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied April 7, 1947.


Attorney(s) appearing for the Case

In No. 9203:

Edward W. Bourne and C. W. Sorrell, both of New York City, F. H. Towner, of Chicago, Ill., Jesse E. Waid and Alexander & Green, all of New York City, Winston, Strawn & Shaw, of Chicago, Ill., and White & Case, of New York City, for appellants.

Loy McIntosh, of Chicago, Ill., John Gerdes, of New York City, Henry F. Tenney and W. F. Peter, both of Chicago, Ill., Orville W. Wood, of New York City, Edward R. Johnston, of Chicago, Ill., Harry Kirshbaum, of New York City, Michael Gesas, Gann, Secord, Stead & McIntosh and Poppenhusen, Johnston, Thompson & Raymond, all of Chicago, Ill., and Milbank, Tweed, Hope, Hadley & McCloy, and Walter H. Brown, Jr., all of New York City, for appellees.

In No. 9204:

Wilkie Bushby, Joseph Schreiber, and Root, Ballantine, Harlan, Bushby & Palmer, all of New York City, for appellant.

Loy McIntosh, of Chicago, Ill., John Gerdes, of New York City, and Henry F. Tenney and Gann, Secord, Stead & McIntosh, all of Chicago, Ill., for appellees.

In No. 9205:

Alexander M. Lewis, of New York City, Irwin T. Gilruth, of Chicago, Ill., and Rathbone, Perry, Kelley & Drye, of New York City, for appellants.

Loy McIntosh, of Chicago, Ill., John Gerdes, of New York City, and Henry F. Tenney and Gann, Secord, Stead & McIntosh, all of Chicago, Ill., for appellees.

In No. 9206:

Sanford H. E. Freund and Shearman & Sterling & Wright, all of New York City, for appellants.

Aaron Colnon, of Chicago, Ill. (and other counsel in No. 9203), for appellees.

In No. 9207:

Daniel James and Cahill, Gordon, Zachry & Reindel, all of New York City, for appellants.

Aaron Colnon, of Chicago, Ill. (and other counsel in No. 9203), for appellees.

In No. 9208:

Edward K. Hanlon and Beekman & Bogue, all of New York City, for appellants.

Aaron Colnon, of Chicago, Ill. (and other counsel in 9203), for appellees.

Before MAJOR, KERNER, and MINTON, Circuit Judges.


KERNER, Circuit Judge.

This proceeding, culminating in a plan of reorganization of The Chicago, Rock Island & Pacific Railway Company under § 77 of the Bankruptcy Act, as amended, 11 U.S.C.A. § 205, was commenced on June 7, 1933. The plan was approved by the Interstate Commerce Commission on May 1, 1944, and approved by the trial judge on June 15, 1945. On appeal this court examined the plan pursuant to the statute, endorsed the Commission's method of...

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