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

No. 88-2978.

878 F.2d 182 (1989)

In the Matter of CHICAGO, MILWAUKEE, ST. PAUL and PACIFIC RAILROAD COMPANY, Debtor. Appeal of CMC REAL ESTATE CORPORATION.

United States Court of Appeals, Seventh Circuit.

Decided June 5, 1989.

Attorney(s) appearing for the Case

Daniel R. Murray, Jerold S. Solovy, Barry Sullivan, Robert P. Zapinski, Michael T. Brody, Jenner & Block, Chicago, Ill., for CMC Real Estate Corp.

John C. Boylan, Keith A. Queensen, Rerat Law Firm, Minneapolis, Minn., for Ralph G. Kelly.

Before BAUER, Chief Judge, and CUMMINGS and EASTERBROOK, Circuit Judges.

CUMMINGS, Circuit Judge.

I.

The Chicago, Milwaukee, St. Paul and Pacific Railroad Company ("Milwaukee Road") filed for reorganization on December 19, 1977, under Section 77 of the Bankruptcy Act of 1898, 11 U.S.C. § 205 (1976) (repealed in 1978),1 in the District Court for the Northern District of Illinois. Acting under the authority of Section 77 of that Act and Bankruptcy Rule 8-401 (1979), the district court entered an...

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