IN RE MISSOURI PAC. R. CO.

No. 6935.

112 F.Supp. 601 (1953)

In re MISSOURI PAC. R. CO.

United States District Court E. D. Missouri, E. D.

As Amended July 10, 1953.


Attorney(s) appearing for the Case

Russell L. Dearmont, St. Louis, Mo., for Guy A. Thompson, Trustee of Missouri Pac. R. Co., debtor.

Burton K. Wheeler and Edward K. Wheeler, Washington, D. C., for Missouri Pac. R. Co., debtor.

John L. J. Hart, Denver, Colo., for Alleghany Corp.

Charles W. McConaughy and Morris D. Crawford, Jr., New York City, and Jacob Chasnoff, St. Louis, Mo., for Group of Institutional Investors Holding First and Refunding Mortgage 5 percent Bonds of Missouri Pac. R. Co.

DeLancey C. Smith, San Francisco, Cal., for Avery Brundage et al., as Stockholders of New Orleans, Texas & Mexico Ry. Co.

Carl H. McClure, III, New York City, Putney, Twombly, Hall & Skidmore, New York City, for Protective Committee for Holders of Missouri Pac. R. Co. 5¼ percent Secured Serial Gold Bonds.

Emmet McCaffery, New York City, Dorr, Hand & Dawson, New York City, for Chemical Bank & Trust Co., trustee, Missouri Pac. Secured Serial Bonds.

Alan Kuller, New York City, Chadbourne, Park, Whiteside, Wolff & Brophy, New York City, for Manufacturers Trust Co., Trustee, First and Refunding Mortgage.

James I. Wyer, New York City, Root, Ballantine, Harlan, Bushby & Palmer, New York City, for Bankers Trust Co. as Trustee for Debtor's 5½ percent Convertible Bonds.

Orville W. Wood, New York City, Milbank, Tweed, Hope & Hadley, New York City, for City Bank Farmers Trust Co. as Trustee under International Great Northern First Mortgage.

James J. Lewis, Chicago, Ill., for Protective Committee for Holders of Common Stock of Missouri Pac. R. Co.

William H. Biggs, St. Louis, Mo., for Missouri Pacific 5¼ percent Serial Gold Bonds Committee, and Helen J. Comstock, Owner of 50 shares of Common Stock of New Orleans, Texas & Mexico Ry. Co.

Everett Paul Griffin, St. Louis, Mo., Edward F. Colladay, Washington, D. C., and Kenneth McEwen, New York City, for Protective Committee of First Mortgage Bonds of International Great Northern R. Co.

Harry Kirshbaum, New York City, for Convertible Bondholders Group, Owners and Holders of 5½% Convertible Gold Bonds of Principal Debtor Missouri Pac. R. Co.


MOORE, District Judge.

The debtor, Missouri Pacific Railroad Company, has filed a petition for permission to file an application with the Interstate Commerce Commission under Section 20b (13) of the Interstate Commerce Act, Mahaffie Act, 49 U.S.C.A. § 20b(13), providing for modification of securities. Certain bondholder groups and committees, mortgage trustees and stockholder groups of subsidiary debtors have filed answers in opposition thereto, a hearing has...

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