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IN RE DIANA SHOE CORPORATION

No. 128.

80 F.2d 92 (1935)

In re DIANA SHOE CORPORATION. 338 BERRY STREET, Inc., v. CRANE et al.

Circuit Court of Appeals, Second Circuit.

December 16, 1935.

Attorney(s) appearing for the Case

Jonas & Neuburger, of New York City (Henry A. Spiegelman and Sidney J. Liftin, both of New York City, of counsel), for appellant.

Duberstein & Schwartz, of Brooklyn, N. Y. (Max Schwartz and Samuel C. Duberstein, both of Brooklyn, N. Y., of counsel), for trustee-appellee.

Abraham J. Halprin, of New York City (Irving Barry, of New York City, of counsel), for purchasers-appellees.

Kaye, Scholor, Fierman & Hays, of New York City (Mortimer D. Atlas, of New York City, of counsel), for creditors-appellees.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

The debtor, Diana Shoe Corporation, filed its petition for reorganization on January 9, 1935. With unusual celerity the proceedings progressed to confirmation of a plan of reorganization on April 16, 1935. The plan provided that three creditors of the debtor, hereafter referred to as the "purchasers," should receive a conveyance of the debtor's assets and business and in consideration therefor should pay in full secured and priority claims and...

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