SOUTHERN RAILWAY COMPANY v. UNITED STATES

No. 19257.

306 F.2d 119 (1962)

SOUTHERN RAILWAY COMPANY and Morgan Guaranty Trust Company of New York, as Trustee, Appellants, v. UNITED STATES of America et al., Appellees. UNITED STATES of America, Appellant, v. SOUTHERN RAILWAY COMPANY and Morgan Guaranty Trust Company of New York, as Trustee, Appellees.

United States Court of Appeals Fifth Circuit.

July 19, 1962.


Attorney(s) appearing for the Case

Earl E. Eisenhart, Jr., Washington, D. C., Emory F. Robinson, Gainesville, Ga., Charles J. Bloch, Ellsworth Hall, Jr., Macon, Ga., Robert B. Thompson, Gainesville, Ga., for appellant, Southern Ry. Co.

E. D. Kenyon, Wm. B. Gunter, Gainesville, Ga., Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., Charles L. Goodson, U. S. Atty., Slayton Clemmons, Asst. U. S. Atty., Atlanta, Ga., Frederick E. Youngman, Moshe Schuldinger, Attys., Dept. of Justice, Washington, D. C., for appellees.

Before BROWN and WISDOM, Circuit Judges, and DE VANE, District Judge.


JOHN R. BROWN, Circuit Judge.

This case is a piece of Americana. It comes face to face with three markers of our early 20th century civilization — railroads, railroad financing, and equity receiverships. And as to the first and third, it marks the end of a railroad and the equity receivership that kept it going for over thirty-five years. Typical of the dissatisfactions which brought about complex bankruptcy reorganization...

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