MATTER OF CHICAGO, MILWAUKEE, ET AL. R. CO.

No. 88-2980.

882 F.2d 1188 (1989)

In the Matter of CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Debtor. Appeal of the ESCANABA & LAKE SUPERIOR RAILROAD COMPANY.

United States Court of Appeals, Seventh Circuit.

Decided August 14, 1989.


Attorney(s) appearing for the Case

Larry Mitchell, Bowytz & Spitzer, Washington, D.C., for appellant.

Daniel R. Murray, Barbara S. Steiner, Jenner & Block, Marvin F. Metge, Gorham, Metge, Bowman & Hourigan, Chicago, Ill., John Clarke, Highsaw & Mahoney, Washington, D.C., Solomon I. Hirsh, Chicago, Ill., for appellees.

Before CUDAHY, FLAUM and KANNE, Circuit Judges.


CUDAHY, Circuit Judge.

This case arose out of the sale by the debtor, Chicago, Milwaukee, St. Paul & Pacific Railroad Company (the "Milwaukee") of its operating properties (the "Core Assets") to the Soo Line Railroad Company (the "Soo"). The sale was made pursuant to an asset purchase agreement and Order No. 809 of the district court sitting in bankruptcy and reorganization. The Core Assets included 21 miles of track between Crivitz and Marinette, Wisconsin (the...

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