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MANATI SUGAR CO. v. MOCK

No. 252.

75 F.2d 284 (1935)

MANATI SUGAR CO. v. MOCK et al. (JAY et al., Interveners).

Circuit Court of Appeals, Second Circuit.

February 11, 1935.

Attorney(s) appearing for the Case

Samuel Zinman, of New York City (Samuel Zinman and Nathan B. Bernstein, both of New York City, of counsel), for appellants.

Ehrich, Royall, Wheeler & Walter, of New York City (Ralph Royall and Archibald H. Cashion, both of New York City, of counsel), for Manati Sugar Co.

Sullivan & Cromwell, of New York City (Inzer B. Wyatt, of New York City, of counsel), for interveners-respondents John C. Jay and others, as committee under bondholders' protective agreement, dated September 30, 1931, for first mortgage twenty-year 7½ per cent. sinking fund gold bonds of debtor-respondent Manati Sugar Co.

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

MANTON, Circuit Judge.

A receiver in equity was appointed for the debtor, and he is now in possession of its property. The petition filed alleges that the appellants "propose * * * a reorganization" of the debtor. The petitioners are the holders of $14,000 principal amount of first mortgage twenty-year 7½ per cent. sinking fund gold bonds of the debtor out of a total of $5,500,900 principal amount of such bonds outstanding. They allege in their petition that...

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