WEST v. RADIO-KEITH-ORPHEUM

No. 146.

68 F.2d 869 (1934)

WEST v. RADIO-KEITH-ORPHEUM (HARRISON THEATRE & REALTY CO., Intervener).

Circuit Court of Appeals, Second Circuit.

January 15, 1934.


Attorney(s) appearing for the Case

L. Lawrence Green, of New York City (House, Holthusen & McCloskey, Spencer Pinkham, and Lawrence S. Lesser, all of New York City, of counsel), for intervener-appellant.

Cook, Nathan & Lehman, of New York City (Alfred A. Cook, Frederick F. Greenman, and Arthur Kramer, all of New York City, of counsel), for Keith-Albee-Orpheum Corporation.

Hornblower, Miller, Miller & Boston, of New York City (Nathan L. Miller and Edward C. Bailly, both of New York City, of counsel), for Preferred Stockholders of Keith-Albee-Orpheum Corporation.

William J. Donovan, of New York City (Horace R. Lamb, of New York City, of counsel), for Irving Trust Co. as receiver in equity of defendant-appellee Radio-Keith-Orpheum Corporation.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

This appeal involves the validity of an order of the District Court authorizing the Irving Trust Company, as receiver in equity of Radio-Keith-Orpheum Corporation (hereinafter called R. K. O.), to release the claim of R. K. O. against Keith-Albee-Orpheum (hereinafter called K. A. O.) amounting to $2,394,665.73 by surrendering the notes of K. A. O. maturing July 1, 1933, which R. K. O. held therefor. It is contended by the appellant...

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