COMSTOCK v. GROUP OF INSTITUTIONAL INVESTORS, ETC.

No. 13376.

163 F.2d 350 (1947)

COMSTOCK v. GROUP OF INSTITUTIONAL INVESTORS HOLDING FIRST AND REFUNDING MORTGAGE 5% GOLD BONDS OF MISSOURI PAC. R. CO. et al.

Circuit Court of Appeals, Eighth Circuit.

August 28, 1947.


Attorney(s) appearing for the Case

Maxwell Brandwen, of New York City (Mr. William H. Biggs, of St. Louis, Mo., and Phillip I. Blumberg, of New York City, on the brief), for appellant.

Charles W. McConaughy, of New York City (W. Lloyd Kitchel, of New York City, Jacob Chasnoff, of St. Louis, Mo., and Cadwalader, Wickersham & Taft, of New York City, on the brief), for appellee Group of Institutional Investors holding First and Refunding Mortgage 5% Gold Bonds of Missouri Pac. R. Co.

Sanford H. E. Freund, of New York City (Shearman & Sterling & Wright, of New York City, on the brief), for appellee Bondholders Protective Committee, Missouri Pacific R. Co. General Mortgage.

Harry Kirshbaum, of New York City (Edwin J. Bean, of St. Louis, Mo., and John E. Stone, of New York City, on the brief), for appellee Convertible Bondholders Group.

Luther M. Walter and Helen W. Munsert, both of Chicago, Ill., for appellees Charles H. Thornton and A. J. Sevin, constituting a Protective Committee for Holders of Common Stock of Missouri Pac. R. Company.

Marion Pierce, of New York City, for Missouri Pac. R. Co., debtor.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.


WOODROUGH, Circuit Judge.

This appeal is taken by Andrew W. Comstock to reverse an order (No. 2604-A) entered January 22, 1946, in the proceedings for the reorganization of the Missouri Pacific, the New Orleans, Texas and Mexico Railway Company, and a number of other affiliated railroad corporations, under Section 77, 11 U.S.C.A. § 205, begun in March, 1933. The order followed upon a separate hearing by the court of certain of the separately numbered objections...

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