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IN RE TENNESSEE CENTRAL RAILWAY CO.

No. 73-2040.

498 F.2d 904 (1974)

In the Matter of TENNESSEE CENTRAL RAILWAY CO., Debtor. LOUISVILLE & NASHVILLE RAILROAD COMPANY, and Eleven Other Interline Freight Balance Claimants, Petitioners-Appellants, v. UNITED STATES of America and A. Battle Rodes, Trustee, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 14, 1974.

Attorney(s) appearing for the Case

David M. Keeble and Gareth S. Aden, Nashville, Tenn., for petitioners-appellants; Hooker, Keeble, Dodson & Harris, Nashville, Tenn., William F. Bunn, Chicago, Ill., Duncan B. Phillips, Washington, D. C., Philip M. Lanier, Louisville, Ky., on brief.

James F. Dausch, Dept. of Justice, for respondents-appellees; Irving Jaffe, Acting Asst. Atty. Gen., Charles H. Anderson, U. S. Atty., Morton Hollander, David J. Anderson, Attys., Dept. of Justice, Washington, D. C., on brief.

Before WEICK, EDWARDS and PECK, Circuit Judges.

EDWARDS, Circuit Judge.

This case really represents a belated motion for reconsideration of this court's decision entitled In re Tennessee Central Railway Co., 463 F.2d 73 (6th Cir.), cert. denied sub nom. Louisville & Nashville R. R. Co. v. Rodes, 409 U.S. 893, 93 S.Ct. 119, 34 L.Ed.2d 150, rehearing denied, 409 U.S. 1029, 93 S.Ct. 459, 34 L.Ed.2d 323 (1972).1 There, on the theory of an equitable...

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