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IN RE 235 WEST 46TH STREET CO.

No. 238.

74 F.2d 700 (1935)

In re 235 WEST 46TH STREET CO., Inc. CHASE NAT. BANK OF CITY OF NEW YORK v. 235 WEST 46TH STREET CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

January 7, 1935.

Attorney(s) appearing for the Case

Milbank, Tweed, Hope & Webb, of New York City (Harrison Tweed, Richard H. McCann, and Charles J. Little, all of New York City, of counsel), for appellant.

Cohen & Jarcho, of New York City, for appellee debtor.

Bloom & Scherl, of New York City, for appellees creditors.

Buhler, King & Miller, of New York City (John Goodrum Miller, of New York City, of counsel), for appellee Art Metal Construction Co., Inc.

Louis Urbach, of New York City, for a group of unsecured creditors appellees.

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

MANTON, Circuit Judge.

Proceedings for reorganization were brought by the 235 West 46th Street Company, Inc., a corporation, as a debtor, under section 77B of the Bankruptcy Act (48 Stat. 911), 11 USCA § 207, after mortgage foreclosure had been commenced by the first mortgagee, on property known as the Paramount Hotel, New York City. A receiver of the rents, issues, and profits, pursuant to the terms of the mortgage now in foreclosure, was appointed by the state...

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