Legal Opinion

Reconstruction Finance Corp. v. Missouri-Kansas-Texas R. Co.

Court of Appeals for the Eighth Circuit

Decided July 21, 1941No. Nos. 11809-11812PublishedCited by 5 opinions

1Opinion of the Court

JOHNSEN, Circuit Judge.

During a seven year receivership of the Fort Smith and Western Railway Company, it was impossible to pay the operating expenses, and the court finally ordered the property sold. Free of liens, the assets brought $444,500. Claims totalling over $566,000 were filed for unpaid operating expenses and for money borrowed on receiver’s certificates. The court, after a reference to a special master and a review and modification of the master’s recommendations, made an order classifying and allowing these claims as follows:

First priority — Judicial costs.....(not determined)…

2Cases cited26 opinions

  1. Fosdick v. SchallSupreme Court of the United States · 1879
  2. Byers v. McAuleySupreme Court of the United States · 1893
  3. Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
  4. Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
  5. Carpenter v. Wabash Railway Co.Supreme Court of the United States · 1940

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3Cited by5 opinions

  1. Southern Railway Co. v. United StatesCourt of Appeals for the Fifth Circuit · 1962
  2. In the Matter of the Central Railroad Company of New Jersey, Debtor. Appeal of Frances A. Dugan, Individually and as Administratrix Ad Prosequendum of the Estate of Charles A. Dugan, Deceased Appeal of Lloyd HoakCourt of Appeals for the Third Circuit · 1973
  3. In re Central RailroadCourt of Appeals for the Third Circuit · 1973
  4. Central Trust Co. v. Pittsburg, Shawmut & N. R.Court of Appeals for the Third Circuit · 1949
  5. Southern Railway Company and Morgan Guaranty Trust Company of New York, as Trustee v. United States of America, United States of America v. Southern Railway Company and Morgan Guaranty Trust Company of New York, as TrusteeCourt of Appeals for the Fifth Circuit · 1962

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