IN RE HOTEL MARTIN CO. OF UTICA

No. 281.

83 F.2d 233 (1936)

In re HOTEL MARTIN CO. OF UTICA.

Circuit Court of Appeals, Second Circuit.

April 6, 1936.


Attorney(s) appearing for the Case

Miller, Hubbell & Evans, of Utica, N. Y., for appellant First Citizens Bank & Trust Co.

Rudd, Griffin & Penberthy, of Utica, N. Y. (Warnick J. Kernan, of Utica, N. Y., of counsel), for Hotel Martin Co. of Utica, debtor, and First Mortgage Bondholders' Protective Committee.

August Merrill and S. Sheldon Judson, both of Utica, N. Y. (Stuart G. Gibboney, of New York City, of counsel), for appellee Wm. M. Martin, trustee.

Maurice Supiro, of Utica, N. Y., for Speiller Bros. and Brennan Oil Co.

Bartle Gorman, of Utica, N. Y., for appellee Wm. Doctor.

Edward L. O'Donnell, of Utica, N. Y., for Jas. R. McLaughlin and McLoughlin Bros.

William Ross Lee, of Utica, N. Y., individually and as solicitor for appellees Arthur W. McLoughlin and John H. Carney and minority members of the Second Mortgage Bondholders' Protective Committee.

Before MANTON, A. N. HAND, and CHASE, Circuit Judges.


MANTON, Circuit Judge.

The debtor corporation owned and operated the Hotel Martin of Utica, N. Y. The hotel had been the property of William M. Martin, the trustee named in these 77B reorganization proceedings, as early as 1901 when it had only 14 rooms. Additions built thereon by Martin in 1915 and 1924 made it a 400-room modern hotel. Martin operated it during these years, was its general manager, and was as well president and largest stockholder of the corporation...

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