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KANSAS CITY RY. CO. v. GUARDIAN TRUST CO.

No. 85.

240 U.S. 166 (1916)

36 S.Ct. 334

60 L.Ed. 579

KANSAS CITY SOUTHERN RAILWAY COMPANY v. GUARDIAN TRUST COMPANY.

Supreme Court of United States.

Decided February 21, 1916.

Attorney(s) appearing for the Case

Mr. S.W. Moore and Mr. Samuel Untermyer for appellants.

Mr. Frederick W. Lehmann and Mr. George H. English, Jr, with whom Mr. Edward P. Gates and Mr. Walter C. Clephane were on the brief, for appellee.

Mr. Harry S. Mecartney, with whom Mr. Newell H. Clapp was on the brief for intervening stockholders.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is an appeal from a decree in which the Circuit Court of Appeals decided that the Guardian Trust Company as an unsecured creditor of the Kansas City Suburban Belt Railroad Company was entitled to charge the appellant for the Belt Company's debt, because the reorganization scheme, adopted upon a foreclosure of a mortgage of the Belt Company's property and a purchase by the appellant, left the unsecured creditors...

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