IN RE ERIE LACKAWANNA RAILWAY COMPANY

No. 73-2108.

496 F.2d 1189 (1974)

In the Matter of ERIE LACKAWANNA RAILWAY COMPANY, Debtor. Appeal of MORGAN GUARANTY TRUST COMPANY OF NEW YORK et al.

United States Court of Appeals, Sixth Circuit.

Decided May 2, 1974.


Attorney(s) appearing for the Case

Frank C. Heath, Cleveland, Ohio, for appellants; Marc L. Swartzbaugh, William S. Paddock, Cleveland, Ohio (Jones, Day, Cockley & Reavis, Cleveland, Ohio, of counsel), on brief for Morgan Guaranty Trust Co. of New York and The Cleveland Trust Co.; Malvin E. Bank, Alan R. Lepene, Cleveland, Ohio (Thompson, Hine & Flory, Cleveland, Ohio, of counsel), on brief for First Nat. City Bank and United States Trust Co. of New York.

Richard F. Stevens, Cleveland, Ohio, for debtor, appellees; Maurice M. Sayre, Cleveland, Ohio (Baker, Hostetler & Patterson, Cleveland, Ohio, of counsel), on brief, for Thomas F. Patton and Ralph S. Tyler, Jr., trustees of the debtor, appellees.

Before EDWARDS and LIVELY, Circuit Judges, and WILSON, District Judge.


PER CURIAM.

This case presents an interlocutory appeal from an order denying certain items of discovery in a railway reorganization proceeding filed pursuant to section 77 of the Bankruptcy Act (11 U.S. C. § 205). The issues presented upon this appeal arose in the following manner. A petition for railway reorganization was filed on June 26, 1972. On September 21, 1972, the trustees of the debtor's property petitioned the Court to be allowed to sell or lease certain...

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