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1808

F E D E R A L R E G I S T E R , Tuesday, February 19, 1946

terests in Empire Service, having filed a request for leavé to be heard herein, Don R. Zachry, representing that die has made an offer to purchase such inter ests, having filed a petition to intervene herein, and Empire Southern Gas Com pany having filed a motion to dismiss Zachrys said petition; and This Commissions order herein dated February 1, 1946, having reserved juris diction:
1 W ith respect to the amount and allocation of all fees and expenses to be paid in connection with the plan, the transactions incident thereto and the consummation thereof;
2 W ith respect to the proposed sales by Crescent of its interests in Colorado Central and Empire Service and the pa pers filed herein by Empire Southern Gas Company and Don R. Zachry relat ing to the Empire Service sale;
3 W ith respect to the applications and declarations of Crescent and C en tral Ohio proposing a refinancing fey Central Ohio of its 12,000 $6 preferred shares to remain outstanding following the transactions herein authorized;
4 To make appropriate recitals and findings, pursuant to the request of the applicants and declarants, in conformity with the provisions of Sections S7I, 373
and 1808 of the Internal Revenue Code:
5 To entertain such further pro ceedings and to make such supplemental findings and to take such further ac tion as the Commission may deem appro priate in connection with the plan, the transactions incident thereto, and the consummation thereof; and The hearings herein having been closed, and it appearing to the Commis sion that it is appropriate that they be reopened and that notice be given and further evidence received with respect to the matters as to which jurisdiction was reserved in our order herein dated February 1, 1946;
I t is ordered. That the hearings in these consolidated procedings under the applicable provisions of the act and the rules of the Commission thereunder
be reopned on February 26, 1946, at 3 Whether the plan, as filed or as 10:00 a. m., E. s. t., at the offices of the modified, makes appropriate provision Securities and Exchange Commission, for the payment of expenses, fees and 18th and Locust Streets, Philadelphia 3, remuneration in connection1with the re organization, in what amounts such ex Pennsylvania, in such room as may be penses, fees and remuneration should be designated on such day by the hearing paid, and the fair and equitable alloca room clerk in Room 318.
tion thereof;
I t is further ordered, That jurisdiction 4 Generally, whether the proposed be and hereby is reserved to separate, transactions as to which jurisdiction was either in whole or in part, or to dispose in whole or in part of, any of the issues reserved are in all respects in the public interest and in the interest of investors or questions which may arise in these and consumers and consistent with all proceedings and to take such other ac applicable requirements of the act and tion as may appear conductive to an rules promulgated thereunder, and, if orderly, prompt, and economic dispo not, what modifications should be re sition of the matters involved.
quired to be made therein and what I t is further ordered, That Allen Macterms and conditions should be imposed Cullen or any other officer or officers of to satisfy the statutory standards.
the Commission designated by it for that Notice is hereby given of said hearing purpose shall preside at such hearing.
to the above-named applicants herein, to The officer so designated to preside at City Bank Farmers Trust Company, such hearing is hereby authorized to Trustee under the indenture securing the exercise all powers granted to the Com Income Bonds of Crescent, Don R.
mission under section 18 c of the act Zachry, G. L. Ohrstrom, Empire South and to a trial examiner under the Com ern Gas Company, the Railroad Commis missions rules of practice.
sion of Texas, the Public Utilities Com I t is further ordered, That without lim mission of Colorado, the Public Utilities iting the scope of the issues otherwise to Commission of Ohio, and the Cty of Big be considered in these proceedings, par Spring, Texas, and to all interested per ticular attention shall be directed at the hearing t the following matters and sons, said notice to be given to the abovequestions :
named persons by registered mail, and to 1
. Whether in connection with theall other persons by general release of propose sales fey Crescent of the securi this Commission, distributed to the press ties of Colorado Central and Empire and mailed to the mailing list for re Service the considerations to be received, leases issued under the act, and by pub and the fees and expenses to be paid are lication of this notice and order in the reasonable, and whether competitive F ederal R e g iste r .
conditions, have been maintained;
It is requested that any persons desir 2 Whether the terms and condi ing to be heard in these proceedings shall tions of the proposed acquisition by file with the Secretary of this Commis Central Ohio of the 12,000 shares oPresion on or. before February 25, 1946, an ferred Stock to remain outstanding fo l appropriate request or application to be lowing consummation of the transac heard, as provided by Rule X V II of the tions heretofore approved herein, the Commissions rules of practice.
proposed sale by Crescent to Central Ohio of 28 of these shares, and the pro By the Commission.
posed issue and sale by Central Ohio at seal O rval L. D u B o is ,
competitive bidding of 12,000 shares of Secretary, new Preferred Stock, will be detrimental to the public interest or to the interest F. R. Doc. 46-2633; Piled, Feb. 18, 1946;
9:46 a. m. .
of investors or consumers;