MISSOURI PACIFIC RAILROAD CO., ETC. v. THOMPSON

Nos. 15471, 15472, 15475.

229 F.2d 898 (1956)

MISSOURI PACIFIC RAILROAD COMPANY 5¼% SECURED SERIAL BONDHOLDERS' COMMITTEE, Appellant, v. Guy A. THOMPSON, Trustee, Missouri Pacific Railroad Company, Debtor, et al., Appellees. Bolton SULLIVAN and Stewart Huston, Independent Directors of Missouri Pacific Railroad Company, Appellants, v. Guy A. THOMPSON, Trustee, Missouri Pacific Railroad Company, Debtor, et al., Appellees. Charles H. ALBERS, Frances M. Blakely, C. W. Boden, Avery Brundage, John Katsulos, Margaret L. Kent, Paul E. Kling, Thomas B. Shearman, James Sullivan and Edith Westercamp, Owners of Certain Shares of New Orleans, Texas & Mexico Railway Company, Appellants, v. Guy A. THOMPSON, Trustee, Missouri Pacific Railroad Company, Debtor, et al., Appellees.

United States Court of Appeals Eighth Circuit.

February 28, 1956.


Attorney(s) appearing for the Case

C. Ives Waldo, Jr., Chicago, Ill. (George S. Roudebush, St. Louis, Mo., Harry B. Sutter, James J. McClure, Jr., Chicago, Ill., Jones, Hocker, Gladney & Grand, St. Louis, Mo., Hopkins, Sutter, Owen, Mulroy & Wentz, Chicago, Ill., on the brief), for appellants in No. 15,475.

Russell L. Dearmont, St. Louis, Mo. (Thomas T. Railey, St. Louis, Mo., on the brief), for appellees, Guy A. Thompson, as trustee, Missouri Pac. R. Co., and others, debtors, and in behalf of other appellees generally.

Briefs filed on former appeals, Nos. 15,335, 15,336 and 15,337 as reported in 225 F.2d 761, were again submitted to the Court in the instant appeals.

Before GARDNER, Chief Judge, and WOODROUGH and VAN OOSTERHOUT, Circuit Judges.


WOODROUGH, Circuit Judge.

After the Plan of Reorganization (sometimes called the Agreed System Plan) for the three principal debtors and their subsidiary debtors herein was approved by the Order of Judge Moore on February 25, 1955, 129 F.Supp. 392, the Interstate Commerce Commission submitted the Plan for acceptance or rejection by creditors and stockholders voting by classes in accordance with Section 77, sub. e of the Bankruptcy...

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