final disposition of the appeal or appeals from the judgment entered on the City of Pittsburgh's petition. I conclude that action on these motions to dismiss should be deferred until the final disposition of said appeal or appeals.
As this Court has determined that the underliers and their properties are not before the Court for reorganization, the investigation should be limited to matters which are material and relevant to the reorganization of the Pittsburgh Railways Company and the disposition of its petition; also, the evidence taken in the hearings on the City of Pittsburgh's petition should not be duplicated.
Order of Court.
And now, November 7, 1945, there having come on for hearing before this Court on October 17, 1945, pursuant to Order entered June 25, 1945 fixing October 17, 1945 as the date for hearing upon preliminary issues, the petition of Jules Guggenheim et al., filed December 22, 1944, and the answers thereto filed by W. D. George, reorganization Trustee of Pittsburgh Railways Company, debtor, the Securities and Exchange Commission and the City of Pittsburgh and the separate motions to dismiss said petition filed by the parties hereinafter named; and counsel for the petitioners having stated to the Court that the only relief asked by petitioners at this time was the relief prayed for in the first of the amended prayers of the said petition; and the matter having been argued by counsel for all parties who appeared and desired to be heard and having been duly considered by this Court, it is hereby ordered as follows:
1. That the motion of Philadelphia Company to dismiss the aforesaid petition of Jules Guggenheim et al. is hereby refused and dismissed.
2. That disposition of the motions filed, respectively, by Monongahela Steet Railway Company, Pittsburgh & Birmingham Traction Company, The Suburban Rapid Transit Street Railway Company and Pittsburgh Incline -- plane Company, to dismiss the aforesaid petition of Jules Guggenehim et al., as to those parties, is hereby suspended and deferred until after the appeal of the City of Pittsburgh et al., from the Order of this Court of April 30, 1945 upon the City's petition filed October 23, 1942, has been decided.
3. That W. D. George, Trustee of Pittsburgh Railways Company, debtor, is hereby directed to conduct an examination on behalf of the estate, pursuant to Section 21, sub. a and Section 167 of the Bankruptcy Act for the purpose of inquiring into the matters described in the aforesaid petition of Jules Guggenheim et al., as well as any other matters relating to possible claims or causes of action available to the estate against Philadelphia Company or any other party, and other grounds for the equitable limitation or subordination of claims filed by Philadelphia Company in this proceeding; provided, however, that the examination shall be limited and restricted to matters relevant and material to a reorganization of the debtor, Pittsburgh Railways Company, and its subsidiary, Pittsburgh Motor Coach Company, and, further, that there shall be no duplication or multiplication of the evidence heretofore adduced in this Court upon the hearing on the petition of the City of Pittsburgh filed October 23, 1942.
4. That the Securities and Exchange Commission, through its attorneys, and any creditor of the debtor, through his attorney shall be permitted to participate in the examination of witnesses in the course of the examination to be conducted by the said Trustee pursuant to the provisions of this Order.
5. That preliminary to and in preparation for the examination directed in paragraph 3 of this Order, W. D. George, Trustee of Pittsburgh Railways Company, debtor, is hereby directed to make an investigation pursuant to the provisions of Section 167 of the Bankruptcy Act of the matters to be inquired into in said examination; and the said Trustee shall accord to the Securities and Exchange Commission and to any creditor of the debtor who may so desire, an opportunity to suggest or indicate to him, in writing, any particular matter or matters which the Commission or creditor may wish to have investigated by the Trustee, such matter or matters, however, to be within the scope of the examination as hereinabove prescribed.
6. That W. D. George, Trustee, upon application to this Court, shall be authorized to engage a firm of independent certified public accountants to assist the Trustee to such exgent as may be necessary or proper in connection with the investigation and examination to be conducted by him pursuant to the provisions of this Order.
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