IN RE FLORIDA EAST COAST RY. CO.

No. 4827-J.

81 F.Supp. 926 (1949)

In re FLORIDA EAST COAST RY. CO.

United States District Court S. D. Florida.

January 22, 1949.


Attorney(s) appearing for the Case

Davis, Polk, Wardwell, Sunderland & Kiendl and Edgar G. Crossman, all of New York City, and Stockton, Ulmer & Murchison, of Jacksonville, Fla., for First & Refunding Mortgage Bondholders' Committee.

Jackson, Nash, Brophy, Barringer & Brooks and Paul B. Barringer, Jr., all of New York City, and Osborne, Copp & Markham and H. P. Osborne, all of Jacksonville, Fla., for First Mortgage Trustees.

Appleton, Rice & Perrin, Clifton S. Thomson and Charles N. Schenck III, all of New York City, and Chester Bedell, of Jacksonville, Fla., for First & Refunding Mortgage Trustees.

James F. Byrnes and Donald Russell, both of Washington, D. C., and Giles J. Patterson, of Jacksonville, Fla., for St. Joe Paper Co.

Oliver & Donnally and Willard P. Scott, all of New York City, and Milam, McIlvaine, Carroll & Wattles and Robert R. Milam, all of Jacksonville, Fla., for S. A. Lynch and associated interests.

Alexander & Green and Edward W. Bourne, all of New York City, Charles Cook Howell and Richard B. Gwathmey, both of Wilmington, N. C., and McCarthy, Lane & Howell, of Jacksonville, Fla., for Atlantic Coast Line R. Co.

Willkie, Owen, Farr, Gallagher & Walton, and Walter H. Brown, Jr., all of New York City, and Fleming, Jones, Scott & Botts and G. W. Botts, all of Jacksonville, for Seaboard Air Line Ry. Co.

Henry L. Walker, Robert N. Lowry and Sidney S. Alderman, all of Washington, D. C., and Cyril C. Copp, of Jacksonville, Fla., for Southern Ry. System.

Macfarlane, Ferguson, Allison & Kelly and Howard P. Macfarlane, all of Tampa, Fla., for F. K. Conn.

Frank L. Mulholland, Clarence M. Mulholland, and Willard H. McEwen, all of Toledo, Ohio, Edward J. Hickey, Jr., of Washington, D. C., and Edwin C. Coffee, of Jacksonville, Fla., for Railway Labor Executives' Assn.

Debevoise, Plimpton & McLean and Francis T. P. Plimpton, all of New York City, and Rogers & Towers, of Jacksonville, Fla., for New York Trust Co., trustee.

Russell L. Frink, of Jacksonville, Fla., for Debtor's Trustees.

Miller Walton, of Miami, Fla. (Walton, Hubbard, Schroeder, Lantaff & Atkins, of Miami, Fla., of counsel), for W. G. Welbon and others.


SIBLEY, Circuit Judge.

After hearing much evidence and argument I have to decide whether a plan of reorganization of the Florida East Coast Railway Company under Section 77 of the Bankruptcy Act, 11 U.S.C.A. § 205, certified to this court by the Interstate Commerce Commission as fair and equitable, compatible with the public interest and meeting the requirements of Section 77, subs. b and e, should be approved by the court. There is on practically all the debtor...

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