In re Duluth, S. S. & A. Ry. Co.

NORDBYE, District Judge.

This matter came before the undersigned, one of the Judges of the above named Court, on the amended petition of the intervener, Louis Lober, for the hearing and determination, as a separate issue, of his claim that the claims of the Canadian Pacific Railway Company be subordinated to the claims of the owners of the first mortgage five per cent bonds of the debtor.

The matter is presented on the facts set forth in the amended petition of the intervener, which are admitted in the amended answer of the Canadian Pacific, and the facts alleged in the amended answer of said…