Legal Opinion
In the Matter of Tennessee Central Railway Company, Debtor. United States of America v. A. Battle Rodes, Trustee of Tennessee Central Railway Company
Court of Appeals for the Sixth Circuit
Decided October 10, 1972No. 71-1228PublishedCited by 16 opinions
1Opinion of the Court
EDWARDS, Circuit Judge.
This is an appeal from a judgment entered in the United States District Court for the Middle District of Tennessee, 316 F.Supp. 1103. This issue is whether the federal government has priority in a section 77 railroad reorganization proceeding (11 U.S.C. § 205 (1970)) for debts due it over the equitable priority accorded to “six months claimants.”
The government claim is based upon a federal statute, 31 U.S.C. § 191 (1970) (R.S. § 3466), adopted in 1797 giving it priority as to debts due it in any bankruptcy proceeding. The contesting claimants assert equitable priority…
2Cases cited20 opinions
- United States v. Gilbert Associates, Inc.Supreme Court of the United States · 1953
- United States v. State Bank of NCSupreme Court of the United States · 1832
- Bramwell v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1925
- United States v. Waddill, Holland & Flinn, Inc.Supreme Court of the United States · 1945
- Illinois Ex Rel. Gordon v. CampbellSupreme Court of the United States · 1946
15 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Jeanne HARRINGTON, Plaintiff-Appellant, v. VANDALIA-BUTLER BOARD OF EDUCATION Et Al., Defendants-AppelleesCourt of Appeals for the Sixth Circuit · 1981
- In the Matter of Iowa Railroad Company, Debtor. Union Pacific Railroad Company v. Terry F. Moritz, Trustee of Iowa Railroad CompanyCourt of Appeals for the Seventh Circuit · 1988
- In Re Penn Central Transportation Co.District Court, E.D. Pennsylvania · 1978
- In The Matter Of The Ann Arbor Railroad Company, DebtorCourt of Appeals for the Sixth Circuit · 1980
- In Re Boston and Maine Corporation, Debtor, Appeal of Chesapeake and Ohio Railway Company, in Re Boston and Maine Corporation, Debtor, Appeal of Maine Central Railroad Company, in Re Boston and Maine Corporation, Debtor, Appeal of Penn Central Corporation, in Re Boston and Maine Corporation, Debtor, Appeal of Canadian Pacific, in Re Boston and Maine Corporation, Debtor, Appeal of Eastern Associated Coal CorporationCourt of Appeals for the First Circuit · 1980
11 more not listed; retrieve them via the Exa API.