In the Matter of TENNESSEE CENTRAL RAILWAY COMPANY, Debtor.
UNITED STATES of America, Plaintiff-Appellant,
v.
A. Battle RODES, Trustee of Tennessee Central Railway Company, Defendant-Appellee.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
February 2, 1972.
Rehearing Denied April 4, 1972.
Certiorari Denied October 10, 1972.
Attorney(s) appearing for the Case
William E. Nelson, Dept. of Justice, Washington, D.C., for appellant; L. Patrick Gray, III, Asst. Atty. Gen., Morton Hollander, Atty., Dept. of Justice, Washington, D.C., Charles H. Anderson, U.S. Atty., Ames Davis, Asst. U.S. Atty., Nashville, Tenn., on brief.
David M. Keeble, Nashville, Tenn., for appellees; Roy Sherman, Philip M. Lanier, Louisville, Ky., on brief for the L. & N.R.R. Co.; William F. Bunn, Gen. Atty., Chicago, Ill., on brief for the Illinois Central Railroad; Duncan B. Phillips, Washington, D.C., on brief for Southern Railway System.
Daniel E. Seay, Lebanon, Tenn., Back Tax Atty., Wilson County.
O. Lawrence Dortch, Nashville, Tenn., for Humble Oil and Refining Co.; William L. Brooks, Nashville, Tenn., on brief; Waller, Lansden, Dortch & Davis, Nashville, Tenn., of counsel.
Wilson Sims, Nashville, Tenn., for Koppers Co.; Bass, Berry & Sims, Nashville, Tenn., of counsel.
Ogden Stokes, Asst. Metropolitan Atty., Dept. of Law, Nashville, Tenn., on brief for The Metropolitan Government of Nashville and Davidson County, Tenn.
Carmack Cochran, Nashville, Tenn., on brief for A. Battle Rodes, Trustee; Martin & Cochran, Nashville, Tenn., of counsel.
Lowell H. Jacobson, Jacobson, Brandvik & Padgitt, Chicago, Ill., on petition for rehearing in banc on behalf of Chicago Freight Car Leasing Co.
David S. Field, Asst. Metropolitan Atty., Nashville, Tenn., on petition for rehearing on behalf of The Metropolitan Government of Nashville and Davidson County, Tenn.
Before EDWARDS, PECK and BROOKS, Circuit Judges.
United States Court of Appeals, Sixth Circuit.
Rehearing En Banc Denied April 4, 1972.
Certiorari Denied October 10, 1972. See 93 S.Ct. 119, 126.
EDWARDS, Circuit Judge.
This is an appeal from a judgment entered in the United States District Court for the Middle District of Tennessee, 316 F.Supp. 1103. This issue is whether the federal government has priority in a section 77 railroad reorganization proceeding (11 U.S.C. § 205 (1970)) for debts due it over...
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