IN RE ENGINEERS PUBLIC SERVICE CO.

Civ. No. 995.

71 F.Supp. 797 (1947)

In re ENGINEERS PUBLIC SERVICE CO.

District Court, D. Delaware.

May 15, 1947.


Attorney(s) appearing for the Case

Roger S. Foster, Sol., Sidney H. Willner, Asst. Sol., Harry G. Slater, Chief Counsel, Utilities Division, Bernard Kanton, Jerome S. Katzin and Myer Feldman, Attys., all of Philadelphia, Pa., for the Securities and Exchange Commission.

William E. Tucker and Paul D. Miller (of Mudge, Stern, Williams & Tucker), both of New York City, for Engineers Public Service Co.

Francis H. Scheetz, of Philadelphia, Pa., and Caleb R. Layton, III, of Wilmington, Del., for Home Ins. Co. and other preferred stockholders.

Lawrence R. Condon, of New York City, Frederick Zazove, of Chicago, Ill., and Edwin D. Steel, Jr. (of Morris, Steel, Nichols & Arsht), of Wilmington, Del., for Thomas W. Streeter, Dissenting Minority Director of Engineers, and preferred stockholders.

Alfred Berman and J. Howard Rossbach (of Guggenheimer & Untermyer), both of New York City, and Herbert L. Cobin, of Wilmington, Del., for Central-Illinois Securities Corporation and Christian A. Johnson, common stockholders.

Louis Boehm, Raymond L. Wise, and William Esbitt, all of New York City, for common stockholders.


LEAHY, District Judge.

A § 11(e) court has the affirmative and independent duty to consider and find whether a proposed plan, which has been approved by the Securities and Exchange Commission, is fair and equitable. In the Matter of Interstate Power Company, D.C.Del., 71 F.Supp. 164. The first question is whether the various series of preferreds are entitled to amounts in excess

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