IN RE PARAMOUNT PUBLIX CORPORATION

No. 234.

68 F.2d 703 (1934)

In re PARAMOUNT PUBLIX CORPORATION. BENSINGER et al. v. HILLES et al.

Circuit Court of Appeals, Second Circuit.

January 8, 1934.


Attorney(s) appearing for the Case

Samuel Zirn, of New York City, for creditor-appellants Norman E. Bensinger as Trustee, etc., and Rose Friedman.

Root, Clark, Buckner & Ballantine, of New York City (Grenville Clark and Samuel S. Isseks, both of New York City, of counsel), for appellees Charles D. Hilles, Eugene W. Leake, and Charles E. Richardson, trustees in bankruptcy of Paramount Publix Corporation.

Nathan Burkan, of New York City (Nathan Burkan and Herman Finkelstein, both of New York City, of counsel), for Committee of General Creditors of Paramount Publix Corporation.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Theodore Kiendl and Frederick Sheffield, both of New York City, of counsel), amicus curiæ.

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


MANTON, Circuit Judge.

The Paramount Publix Corporation was adjudicated a bankrupt and Messrs. Hilles, Leake, and Richardson were elected trustees by its creditors. Appellants, bondholders of the corporation, appeal from an order of July 5, 1933, which denied their application to remove the trustees for disqualifications and for the illegality of their election. It is claimed that the two meetings held, at which they were elected, were unlawfully conducted by the...

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