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IN RE WARNER-QUINLAN CO.

No. 31.

86 F.2d 103 (1936)

In re WARNER-QUINLAN CO. Appeal of LEE TIRE & RUBBER CO. OF NEW YORK, Inc.

Circuit Court of Appeals, Second Circuit.

November 9, 1936.

Attorney(s) appearing for the Case

Stephen B. Vreeland, of New York City, for petitioner-appellant.

Proskauer, Rose & Paskus, of New York City (Bernard D. Lang, of New York City, of counsel), for Warner-Quinlan Co., debtor.

Goldwater & Flynn, of New York City (Nathan H. Goldstein, of New York City, of counsel), for trustees of Warner-Quinlan Co., debtor.

Weinstein & Levinson, of New York City (Frank Weinstein and Samuel J. Levinson, both of New York City, of counsel), for intervening bondholders-appellees.

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

MANTON, Circuit Judge.

This appeal is from an order entered in proceedings under section 77B of the Bankruptcy Act (11 U.S.C. § 207 [11 U.S.C.A. § 207]), disallowing the appellant's petition to reclaim moneys from the debtor. The appellee, on October 11, 1935, filed its petition for reorganization under the Bankruptcy Act and was continued in possession of its property. It had a subsidiary corporation, the Mileage Gas Corporation, which on September 17,...

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