No. 24.

347 U.S. 298 (1954)


Supreme Court of United States.

Decided April 5, 1954.

Attorney(s) appearing for the Case

William D. Mitchell argued the cause for petitioners. With him on a brief for petitioners in No. 24 were John B. Marsh and Edward E. Watts, Jr. Also on the brief were Howard P. Macfarlane and George W. Ericksen for Conn et al., Henry P. Adair and Donald Russell for the Trustees under the duPont Will, and Giles J. Patterson and John R. Turney for the St. Joe Paper Company, petitioners.

Henry L. Walker and Sidney S. Alderman filed a brief for the Southern Railway Company et al., and with them on the brief were Harold J. Gallagher, Walter H. Brown, Jr. and James B. McDonough, Jr. for the Seaboard Air Line Railroad Company, petitioners in No. 24.

Clarence M. Mulholland and Edward J. Hickey, Jr. filed a brief for the Railway Labor Executives' Association, petitioner in No. 24.

Fred N. Oliver, Willard P. Scott and J. Turner Butler filed a brief for petitioners in No. 33.

Clifton S. Thomson and Chester Bedell filed a brief for petitioners in No. 36.

Miller Walton filed a brief for petitioners in No. 37.

Edward W. Bourne argued the cause for respondent. With him on the brief were Charles Cook Howell, Richard B. Gwathmey and Charles Cook Howell, Jr.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

The sole question for decision in this case is whether the Interstate Commerce Commission has the power under § 77 of the Bankruptcy Act to submit a plan of reorganization to a district court whereby a debtor railroad would be compelled to merge with another railroad having no prior connection with the debtor. Answer to this problem depends on understanding of a long legislative history. First, however...

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