Ecker

The debtor, the Western Pacific Railroad Company, is a California corporation with principal operating offices in San Francisco. The reorganization of the debtor was accomplished in accordance with the Marshaling and Distributing Plan of 1931 and Section 77 of the Bankruptcy Act, 11 U. S.C.A. § 205. 1 The facts and proceedings in relation thereto are fully set forth in the cases cited in the margin and in the interest of brevity are not repeated here.

On May 9, 1944, the reorganization committee, app'ellees herein, filed in the District Court a petition for an order construing paragraphs P and R of the reorganization plan in respect to the amount of new securities to be issued to the Railroad Credit Corporation for its claim. The lower court entered its order construing the provisions in question. The Railroad Credit Corporation and Western Pacific Railroad Corporation both appeal from this order,

Almost immediately following the institution of the above action, the Western Pacific Railroad Corporation began an independent suit for the recovery of accommodation collateral held by the Railroad Credit Corporation for notes of the debtor.

This independent suit brought by Western…