In the Matter of PENN CENTRAL TRANSPORTATION COMPANY, Debtor.
Appeal of FIRST WISCONSIN NATIONAL BANK OF MILWAUKEE, WISCONSIN, in No. 19,340.
Appeal of MARINE MIDLAND GRACE TRUST COMPANY OF NEW YORK, in No. 19,341.
Appeal of NATIONAL BANK OF DETROIT, in No. 19,342.
Appeal of LINCOLN ROCHESTER TRUST COMPANY, ROCHESTER, NEW YORK, in No. 19,343.
Appeal of CENTRAL PENN NATIONAL BANK, PHILADELPHIA, PENNSYLVANIA, in No. 19,344.
Appeal of CITIZENS FIDELITY BANK & TRUST COMPANY, LOUISVILLE, KENTUCKY, in No. 19,345.
Appeal of FIRST NATIONAL BANK OF MARYLAND, BALTIMORE, MARYLAND, in No. 19,346.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued September 28, 1971.
Decided December 23, 1971.
As Amended January 18, 1972.
Attorney(s) appearing for the Case
John S. Estey, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa. (John F. Headley, Philadelphia, Pa., on brief), for National Bank of Detroit and Lincoln Rochester Trust Co., Rochester, N. Y.
Fred W. Freeman, John A. Krsul, Jr., Dickinson, Wright, McKean & Cudlip, Detroit, Mich., for National Bank of Detroit, on brief.
Ruth B. Rosenberg, John R. Tyler, Jr., Nixon, Hargrave, Devans & Doyle, Rochester, N. Y., for Lincoln Rochester Trust Co., Rochester, N. Y., on brief.
David E. Beckwith, F. Anthony Maio, Foley & Lardner, Milwaukee, Wis., Howard Gittis, Michael L. Temin, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for First Wisconsin National Bank of Milwaukee, Wis., on brief.
Thomas W. Bullitt, Tarrant, Combs, Blackwell & Bullitt, Louisville, Ky., for Fidelity Bank & Trust Co., Louisville, Ky., on brief.
James P. Gillece, Robert B. Barnhouse, Piper & Marbury, Baltimore, Md., for First National Bank of Maryland, Baltimore, Md., on brief.
John Francis Gough, White & Williams, Philadelphia, Pa. (Thomas R. White, Jr., LeRoy E. Perper, Philadelphia, Pa., on brief), for Central Penn National Bank, Philadelphia, Pa., Citizens Fidelity Bank & Trust Company, Louisville, Ky., and First National Bank of Maryland, Baltimore, Md.
Alan J. Davis, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for Marine Midland Grace Trust Co. of N. Y., on brief.
Marvin Comisky, Blank, Rome, Klaus & Comisky, Philadelphia, Pa. (Robert W. Blanchette, Richard P. McElroy, Philadelphia, Pa., on brief), for the Trustees of the Property of the Penn Central Transportation Co., appellees.
Before SEITZ, Chief Judge, HASTIE, Circuit Judge, and HERMAN, District Judge.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
HASTIE, Circuit Judge.
A proceeding for the reorganization of Penn Central Transportation Company, a railroad corporation, under section 77 of the Bankruptcy Act, 11 U.S.C. § 205, was initiated by an order of June 21, 1970, wherein the District Court for the Eastern District of Pennsylvania approved the railroad's petition for reorganization and made various provisions concerning the continuation of the debtor's business and the...
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