WISCONSIN CENT. RY. CO. v. ZELLE

Nos. 14911, 14912.

210 F.2d 113 (1954)

WISCONSIN CENT. RY. CO. v. ZELLE et al. PREFERRED STOCKHOLDERS COMMITTEE v. ZELLE et al.

United States Court of Appeals, Eighth Circuit.

February 3, 1954.


Attorney(s) appearing for the Case

Abraham K. Weber, New York City, for appellant Wisconsin Cent. Ry. Co., debtor.

George Morris Fay, Washington, D. C. (Fay & Anderson, Washington, D. C., on brief), for appellant Preferred Stockholders Committee of Wisconsin Cent. Ry. Co.

Donald West, Minneapolis, Minn. (James E. Dorsey, Minneapolis, Minn., on the brief), for appellee Edgar F. Zelle, as Trustee of Wisconsin Cent. Ry. Co., Debtor.

Henry S. Mitchell, Minneapolis, Minn. (Leonard H. Murray, Minneapolis, Minn., on the brief), for appellee Canadian Pac. Ry. Co.

Paul D. Miller, New York City (A. Albert Minton, New York City, and Bergmann Richards, Minneapolis, Minn., on the brief), for appellee Superior and Duluth Protective Committee.

Frank H. Detweiler, New York City, and Frank Janes, Minneapolis, Minn., on the brief, for appellee Superior and Duluth Mortgage Trustee.

Irving J. Galpeer and Josiah E. Brill, New York City, on the brief, for appellee First and Refunding Mortgage Committee.

William G. Murphy, New York City, and Thomas P. Helmey, Minneapolis, Minn., on the brief, for appellee First and Refunding Mortgage Trustee.

Reese D. Alsop, New York City, on the brief, for appellee Gaston Group of First General Mortgage Bondholders.

William A. W. Stewart, New York City, and Samuel H. Morgan, St. Paul, Minn., on the brief, for appellee First General Mortgage Trustee.

W. J. Quinn and E. E. Boyner, Minneapolis, Minn., on the brief, for appellee Minneapolis, St. P. & S. St. M. R. Co.

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


COLLET, Circuit Judge.

The Interstate Commerce Commission approved a plan of reorganization for the Wisconsin Central Railway Company under Section 77 of the Bankruptcy Act, 11 U.S.C.A. § 205. The plan was accepted by all creditor groups. It was objected to by the debtor corporation and the Preferred Stockholders Committee of the debtor, who are the present appellants. The plan eliminates the interest of preferred and common stockholders. The objectors challenged...

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