MATTER OF CHICAGO, ROCK ISLAND AND PACIFIC R. CO.

No. 83-1848.

753 F.2d 56 (1985)

In the Matter of CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Debtor. Appeal of FARMERS COOPERATIVE ELEVATOR, RAKE, IOWA.

United States Court of Appeals, Seventh Circuit.

Decided January 7, 1985.

As Amended January 14, 1985.


Attorney(s) appearing for the Case

Leo E. Fitzgibbons, Fitzgibbons Bros., Estherville, Iowa, for appellant.

Nicholas G. Manos, Williams, Manos, Rutstein, Goldfarb & Sharp, Ltd., Chicago, Ill., for appellee.

Before CUDAHY, Circuit Judge, PELL, Senior Circuit Judge and PERRY, Senior District Judge.


CUDAHY, Circuit Judge.

The lessee of real property formerly owned by a railroad in liquidation appeals from the refusal of a reorganization court, sitting in equity, to alter the rent demanded by the railroad's trustee. We reverse and remand.

For more than 100 years appellants, Farmers Cooperative Elevator ("Farmers"), leased property in Rake, Iowa, that was owned by the Chicago, Rock Island and Pacific Railroad Company (the "Rock Island"). With the approval...

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