UNITED STATES TRUST CO. OF NEW YORK v. ZELLE

Nos. 14308, 14309.

191 F.2d 822 (1951)

UNITED STATES TRUST CO. OF NEW YORK v. ZELLE et al. WARNER et al. v. ZELLE et al. GASTON GROUP OF HOLDERS OF WISCONSIN CENT. RY. CO. FIRST GENERAL MORTGAGE BONDS v. ZELLE et al.

United States Court of Appeals Eighth Circuit.

October 18, 1951.


Attorney(s) appearing for the Case

M'Cready Sykes, New York City (Samuels H. Morgan, St. Paul, Minn., on the brief; Morgan, Headley, Raudenbush & Morgan, St. Paul, Minn., and Stewart & Shearer, New York City, of counsel), for appellant United States Trust Co. of New York, as Trustee of Wisconsin Cent. Ry. Co. First General Mortgage.

Reese D. Alsop, New York City (Hunt, Hill & Betts, New York City, of counsel), for appellant The Gaston Group of Holders of Wisconsin Cent. Ry. Co. First General Mortgage Bonds.

C. W. Wickersham, Jr., New York City (C. W. Wickersham and William D. Ford, New York City, on the brief; Cadwalader, Wickersham & Taft, New York City, of counsel), for appellants Joseph R. Warner et al.

James E. Dorsey, Minneapolis, Minn. (Donald West, Minneapolis, Minn., on the brief; Dorsey, Colman, Barker, Scott & Barber, Minneapolis, Minn., of counsel), for appellee Edgar F. Zelle as Trustee of Wisconsin Cent. Ry. Co.

Henry S. Mitchell, Minneapolis, Minn. (Wm. G. Murphy, New York City and Thomas P. Helmey, Minneapolis, Minn., on the brief; Leonard H. Murray, Minneapolis, Minn., of counsel), for appellees Canadian Pac. Ry. Co. and for Empire Trust Co., Trustee of Debtor's First and Refunding Mortgage.

James L. Hetland and E. E. Boyner, Minneapolis, Minn., for appellee Minneapolis, St. Paul & Sault Ste. Marie R. Co.

Abraham K. Weber, New York City, for appellee Wisconsin Cent. Ry. Co., Debtor.

Josiah Brill, Minneapolis, Minn., Jaffin, Schneider, Kimmel & Galpeer, New York City (Irving J. Galpeer, New York City, of counsel), for appellee First and Refunding Mortgage Bondholders Committee.

Before GARDNER, Chief Judge, and WOODROUGH and COLLET, Circuit Judges.


COLLET, Circuit Judge.

These three consolidated cases constitute separate applications by different representatives of bondholders for an allowance of 6 per cent interest on First General Mortgage bonds of the Wisconsin Central Railway Company. The present controversy involves the sole question of what rate of interest should be allowed on First General Mortgage bonds during the period of receivership of the Wisconsin Central Railway Company, after the maturity date...

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