ATCHISON, TOPEKA AND SANTA FE R. CO. v. UNITED STATES

No. 355-70.

443 F.2d 147 (1971)

The ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, Plaintiff-Appellee, v. The UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 24, 1971.


Attorney(s) appearing for the Case

William L. Goldman, Washington, D. C. (Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, Gilbert E. Andrews, Grant Wiprud, Attys., Dept. of Justice, Washington, D. C., on the brief, Robert J. Roth, U. S. Atty., of counsel), for defendant-appellant.

John J. Schmidt, Chicago, Ill., (Gus Svolos, John P. Frestel, Jr., Orval M. Adam, Chicago, Ill., on the brief, J. D. Lysaught, Weeks, Thomas, Lysaught, Bingham & Johnson, Kansas City, Kan., of counsel, Douglas McHendrie, Grant, Shafroth, Toll & McHendrie, Denver, Colo., of counsel), for plaintiff-appellee.

Before SETH, ADAMS, and McWILLIAMS, Circuit Judges.


ADAMS, Circuit Judge.

Following the financial panic of 1893, more than one-fourth of the nation's railroads were in receivership. Among the enterprises experiencing difficulty was the Atchison, Topeka and Santa Fe Railroad Co. ("Old Company"). On December 23, 1893, the Union Trust Company of New York, trustee under the first and second mortgage bonds of the Old Company, filed a complaint in the United States Circuit Court for the District of Kansas, requesting the...

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