Legal Opinion

Southern Railway Co. v. Flournoy

Court of Appeals for the Fourth Circuit

Decided March 26, 1962No. 8409PublishedCited by 2 opinions

1Opinion of the Court

ALBERT V. BRYAN, Circuit Judge.

Underlying mortgages of The Atlantic & Danville Railway Company — debtor in this reorganization proceeding * — on the one hand, and unsecured accounts with other railroads and a fuel supplier, on the other hand, here vie for primacy of claim upon A. & D.’s mortgaged properties.

Resolution of the contentions is required to evaluate the possibility of reorganization. As the assets are not sufficient to satisfy all claims, the trustee has reported the debts of the railway with recommendations of preference. Exceptions were taken to the report and the decree of the…

2Cases cited27 opinions

  1. Fosdick v. SchallSupreme Court of the United States · 1879
  2. Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
  3. Thomas v. Western Car Co.Supreme Court of the United States · 1893
  4. Miltenberger v. Logansport Railway Co.Supreme Court of the United States · 1882
  5. Southern Railway Co. v. Carnegie Steel Co.Supreme Court of the United States · 1900

22 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Matter of Boston and Maine Corp.District Court, D. Massachusetts · 1979
  2. Southern Railway Company v. FlournoyCourt of Appeals for the Fourth Circuit · 1962

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