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MATTER OF CHICAGO, ROCK ISLAND & PAC. R. CO.

No. 76-2137.

604 F.2d 1002 (1979)

In the Matter of CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY, Debtor. Appeal of BANKERS TRUST COMPANY, Plaintiff-Appellant, v. William M. GIBBONS, Trustee-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 2, 1979.

Attorney(s) appearing for the Case

Norman Yoerg, Jr., New York City, for plaintiff-appellant.

Nicholas G. Manos, Chicago, Ill., for trustee-appellee.

Before FAIRCHILD, Chief Judge, and PELL and WOOD, Circuit Judges.

FAIRCHILD, Chief Judge.

This is an appeal by Bankers Trust Company, Indenture Trustee, from an order denying its petition for annulment of the disaffirmance of a contract of guaranty. The Rock Island is a Debtor in railroad reorganization proceedings under Section 77 of the Bankruptcy Act (11 U.S.C. § 205). The Rock Island was a signatory of Guaranty Agreement, August 15, 1962, between twelve railroads and Bankers Trust as Trustee. Under the Guaranty Agreement...

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