MATTER OF CHICAGO, MILWAUKEE, ST. PAUL & PAC. R.

Nos. 85-2364, 85-2428.

791 F.2d 524 (1986)

In the Matter of CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Debtor. Appeals of CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Chicago Milwaukee Corporation, and Chicago, Milwaukee, St. Paul and Pacific Railroad Bond and Debenture Holders Protective Committee.

United States Court of Appeals, Seventh Circuit.

Decided May 20, 1986.


Attorney(s) appearing for the Case

Keith F. Bode, Jenner & Block, Chicago, Ill., for appellant.

Lawrence P. Bemis, Kirkland & Ellis, Chicago, Ill., for appellee.

Before BAUER and POSNER, Circuit Judges, and MOODY, District Judge.


POSNER, Circuit Judge.

In 1955 the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, known as the Milwaukee Road, issued $56 million in income debentures. The debenture indenture provided that the railroad would pay the holders of the debentures interest installments every year, at the rate of 5 percent, provided that the railroad had "available net income" — income in excess of various fixed expenses, in particular interest due secured creditors....

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