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

No. 88-2979.

891 F.2d 159 (1990)

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 December 7, 1989.

Rehearing and Rehearing Denied February 1, 1990.


Attorney(s) appearing for the Case

Daniel R. Murray, Jerold S. Solovy, and Barry Sullivan (argued), Jenner & Block, Chicago, Ill., for appellant.

Edward R. Gower, Keck, Mahin & Cate, Marvin F. Metge, Gorham, Metge, Bowman & Hourigan, Chicago, Ill., Charles Stark, I.C.C., William G. Mahoney, Elizabeth Nadeau (argued), Highsaw, Mahoney & Clarke, Washington, D.C., Milton H. Gray, Altheimer & Gray, Terry F. Moritz, Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz, Robin B. Katz, Freeman, Freeman & Salzman, Chicago, Ill., Carlton G. Salmons, Austin & Gaudineer, Des Moines, Iowa, J.S. Thiel, Dept. of Transp., Madison, Wis., Patrick J. McPartland, Minneapolis, Minn., and Peter J. Kilchenmann, Chicago, Ill., for debtor-appellee.

Before CUDAHY, FLAUM and KANNE, Circuit Judges.


Rehearing and Rehearing En Banc Denied February 1, 1990.

KANNE, Circuit Judge.

This case arises out of the reorganization of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company ("Milwaukee Railroad"). The Railroad Labor Executives' Association ("RLEA") filed a motion for summary judgment asserting it was entitled to interest on its claims for the period between the order of the district court requiring that Milwaukee Railroad's rail assets be sold...

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