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IN RE FOX METROPOLITAN PLAYHOUSES

No. 239.

74 F.2d 722 (1935)

In re FOX METROPOLITAN PLAYHOUSES, Inc.

Circuit Court of Appeals, Second Circuit.

January 7, 1935.

Attorney(s) appearing for the Case

Archibald Palmer, of New York City, for appellants.

Beekman, Bogue & Clark, of New York City (William L. Bainton, of New York City, of counsel; William D. Carr, of New York City, on the brief), for the Protective Committee.

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

MANTON, Circuit Judge.

Samuel, Jacob, and Herbert M. Adler, as creditors of the Fox Metropolitan Playhouses, Inc., the debtor, filed a petition initiating proceedings against the debtor under section 77B of the Bankruptcy Act (48 Stat. 912 [11 USCA § 207]). At that time the debtor was in equity receivership. A foreclosure suit of a trust indenture, dated May 1, 1929, securing notes and debentures of the debtor, had been commenced, and was consolidated with the...

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