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IN RE PRUDENCE BONDS CORPORATION

No. 259.

75 F.2d 262 (1935)

In re PRUDENCE BONDS CORPORATION. RADIN v. CHEMICAL BANK & TRUST CO. et al.

Circuit Court of Appeals, Second Circuit.

February 11, 1935.

Attorney(s) appearing for the Case

Harry H. Oshrin and Nathan Stieglitz, both of New York City, for appellant.

Cotton, Franklin, Wright & Gordon, of New York City (Paul W. Williams, of New York City, of counsel), for Chemical Bank.

Charles H. Kelby, of New York City (Clinton J. Ruch, of New York City, of counsel), for Kelby and others.

Archibald Palmer, of New York City (Harry D. Glicksman, of New York City, on the brief), amici curiæ for intervening creditors.

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

L. HAND, Circuit Judge.

The debtor in this case had issued a series of collateral bonds, secured by the pledge to a trustee of a large number of bonds and mortgages. It filed its petition for reorganization under section 77B of the Bankruptcy Act (11 USCA § 207), and the court appointed temporary trustees in reorganization, but no plan has as yet been proposed. Radin, the holder of one of these bonds, filed a suit in the state court on behalf of herself and all...

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