WESTERN PAC. R.R. CORP. et al.
v.
WESTERN PAC. R. CO. et al. METZGER et al.
v.
WESTERN PAC. R. CO. et al.
United States Court of Appeals Ninth Circuit.https://leagle.com/images/logo.png
October 29, 1951.
Rehearing Denied January 30, 1952.
Dissenting Opinion February 18, 1952.
Petition for Leave to File Motion, etc., Denied July 9, 1952.
Supplemental Dissenting Opinion September 11, 1952.
Attorney(s) appearing for the Case
Herman Phleger, Maurice E. Harrison, Moses Lasky, and Brobeck, Phleger & Harrison, all of San Francisco, Cal., Frank C. Nicodemus, Jr., A. Perry Osborn, Norris Darrell and Mahlon Dickerson, all of New York City, Leroy R. Goodrich, Oakland, Cal., for appellant Western Pac. R. R. Corp.
Herman Phleger, Maurice E. Harrison, Moses Lasky, and Brobeck, Phleger & Harrison, all of San Francisco, Cal., for appellant Alexis I. duP. Bayard, Receiver.
William E. Haudek, Julius Levy, New York City, Webster V. Clark and Rogers & Clark, all of San Francisco Cal., Pomerantz, Levy, Schreiber & Haudek, New York City, and David Friedenrich, San Francisco, Cal., for appellants Metzger et al.
Allan P. Matthew, James D. Adams, Robert L. Lipman, Burnham Enersen, Walker Lowry and McCutchen, Thomas, Matthew, Griffiths & Greene, all of San Francisco, Cal., for appellees Western Pac. R. R. Co. et al.
Everett A. Mathews and Pillsbury, Madison & Sutro, all of San Francisco, Cal., A. Donald MacKinnon, Milbank, W. Tweed, Hope & Hadley, Forbes D. Shaw, Whitman, Ransom, Coulson & Goetz, all of New York City, for appellee Western Realty Co.
Before HEALY, Circuit Judge, and FEE and BYRNE, District Judges.
United States Court of Appeals Ninth Circuit.
BYRNE, District Judge.
These are appeals from a judgment denying relief to plaintiffs below, who are seeking to recover approximately $17,000,000 from the reorganized The Western Pacific Railroad Company, defendant and appellee.1 Appellants are The Western Pacific Railroad Corporation (hereinafter sometimes referred to as "Corporation"), its receiver, and three of its preferred stockholders, who intervened to assert Corporation's claims...
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