STATE OF TEXAS v. GROUP OF INSTITUTIONAL INVESTORS

Nos. 14256, Nos. 14264-14274.

191 F.2d 265 (1951)

STATE OF TEXAS v. GROUP OF INSTITUTIONAL INVESTORS et al. MISSOURI PAC. R. CO. et al. v. GROUP OF INSTITUTIONAL INVESTORS et al.

United States Court of Appeals Eighth Circuit.

August 14, 1951.


Attorney(s) appearing for the Case

C. K. Richards, Asst. Atty. Gen., of Texas (Price Daniel, Atty. Gen. of Texas, with him on the brief), for the State of Texas, intervener.

Marion B. Pierce, New York City (Oliver & Oliver, Cape Girardeau, Mo., with him on the brief), for Missouri Pac. R. Co., debtor.

Helen Munsert, Chicago, Ill., for Protective Committee for Holders of Common Stock of Missouri Pac. R. Co.

Adrian L. Foley, New York City (Edmund O'Hare, New York City, with him on the brief), for Alleghany Corp.

Lucien Hilmer, New York City, for John V. Farwell III and others, Independent Directors of Missouri Pac. R. Co.

Carl H. McClure III, New York City, and Forest P. Tralles, St. Louis, Mo. (Carroll C. Gilpin, St. Louis, Mo., Edward B. Twombly, New York City, DeLancey C. Smith, San Francisco, Cal., Willard P. Scott, Joseph W. Keena, Tralles, Hoffmeister & Gilpin, Putney, Twombly, Hall & Skidmore, St. Louis, Mo., Oliver & Donnally, New York City, with them on the brief), for Protective Committee for Holders of Missouri Pac. R. Co. 5¼% Secured Serial Gold Bonds, etc., and others.

Emmet McCaffery, Washington, D. C. (Emmet Carter, St. Louis, Mo., Dorr, Hand & Dawson, New York City, Carter, Bull & McNulty, St. Louis, Mo., with him on the brief), for Chemical Bank & Trust Co., as trustee.

William H. Biggs, St. Louis, Mo., for Missouri Pac. R. Co. 5¼% Secured Serial Bondholders Committee.

Harry Kirshbaum, New York City (Edwin J. Bean, St. Louis, Mo., with him on the brief), for Gerald Axelrod and others.

Harry W. Harrison and Robert E. Smith, New York City, filed brief for Protective Committee for Holders of Preferred Stock of Missouri Pacific Railroad Co.

Charles W. McConaughy, New York City (Jacob Chasnoff, St. Louis, Mo., Morris D. Crawford, Jr., Cadwalader, Wickersham & Taft, New York City, Lowenhaupt, Waite, Chasnoff & Stolar, St. Louis, Mo., with him on the brief), for Group of Institutional Investors.

Sanford H. E. Freund, New York City (Shearman & Sterling & Wright, New York City, with him on the brief), for Protective Committee for Holders of General Mortgage Bonds of Missouri Pac. R. Co.

Leonard P. Moore, New York City (Clair B. Hughes, Alan S. Kuller, Chadbourne, Parke, Whiteside, Wolff & Brophy, New York City, with him on the brief), for Manufacturers Trust Co., as corporate trustee.

Kenneth McEwen, New York City (Everett Paul Griffin, St. Louis, Mo., Edward F. Colladay, Washington, D. C., with him on the brief), for Edmund Wright, and others.

Harry Kirshbaum, New York City, Edwin J. Bean, St. Louis, Mo., filed briefs for Convertible Bondholders Group, owners and holders.

William P. Palmer, Root, Ballantine, Harlan, Bushby & Palmer, New York City, filed brief for Bankers Trust Co., as successor trustee.

Before WOODROUGH, THOMAS, and JOHNSEN, Circuit Judges.


WOODROUGH, Circuit Judge.

On October 3, 1950, the District Court entered its Order No. 3571 In the Matter of Missouri Pacific Railroad Company, Debtor, in Proceedings for Reorganization of a Railroad, whereby upon hearing and consideration the court overruled all objections against and approved the system Plan of Reorganization for Missouri Pacific Railroad Company, Debtor, and its subsidiary railroads, all of which had filed petitions as debtors in the same proceedings...

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