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IN RE CHICAGO, MISSOURI & WESTERN RY. CO.

No. 88 C 8009.

109 B.R. 308 (1989)

In re CHICAGO, MISSOURI & WESTERN RAILWAY COMPANY, an Illinois corporation, Debtor. CITICORP NORTH AMERICA, INC. and Heller Financial, Inc., Appellants, v. Daniel R. MURRAY, Trustee, Appellee.

United States District Court, N.D. Illinois, E.D.

July 18, 1989.

Attorney(s) appearing for the Case

Neal Wolf, Ross & Hardies, Chicago, Ill., for appellants.

Douglas Cassling, Jenner & Block, Chicago, Ill., for appellee.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Daniel R. Murray, the Trustee of the Debtor, the Chicago, Missouri & Western Railway Company ("CM & W" or "Railroad"), applied to the Bankruptcy Court for permission to borrow up to approximately $14 million from agencies of the State of Illinois. The Trustee proposed to secure these loans by granting the state agencies a lien on the CM & W's assets that was senior to the liens of other creditors...

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