In re UNITED CIGAR STORES CO. OF AMERICA (JOSEPH E. OTIS ESTATE LAND TRUST et al., Appellants).
Circuit Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
April 6, 1936.
April 6, 1936.
Attorney(s) appearing for the Case
Ernst Gale, Bernays & Falk, of New York City (Murray C. Bernays and Henry Gale, both of New York City, of counsel), for estate of Grey and estate of Clarke.
Gould & Wilkie, of New York City (R. L. von Bernuth and D. L. Bugg, both of New York City, of counsel), for General Society of Mechanics and Tradesmen.
Olney & Comstock, of New York City (Irving Smith, Jr., of New York City, of counsel), for Boswell estate.
Clark, Carr & Ellis, of New York City (Joseph F. Mann, of New York City, of counsel), for Arthur D. Hill.
John B. Doyle, of New York City, for Henry J. Sontag and others.
Curtis, Mallett-Prevost, Colt & Mosle, of New York City (Dudley B. Bonsal, of New York City, of counsel), for Beer Realty Co., and Lindner, Inc.
Middlebrook & Sincerbeaux, of New York City (W. E. Shrewsbury, of New York City, of counsel), for estate of Charles Frederick Hoffman.
Lampke & Stein, of New York City (James A. Berry, Jr., of New York City, of counsel), for Adele Rosenthal.
David W. Kahn and Joseph H. Kohan, both of New York City, for Charles E. Nauss and others.
Gilbert, Diamond & Brandeis, of New York City, and Solomon E. Harrison and Benjamin I. Morris, both of Chicago, Ill. (Milton Diamond, Susan Brandeis, Emanuel Feldberg, and Benjamin Pollack, all of New York City, of counsel), for appellants.
Shearman & Sterling and Berle & Berle, all of New York City, for appellees herein, Preferred Stockholders' Protective Committee.
Milbank, Tweed, Hope & Webb, of New York City (Sanford H. E. Freund, H. Struve Hensel, Winthrop H. Kellogg, and Douglas B. Steimle, all of New York City, of counsel), for Phœnix Securities Corporation, intervener herein and owner of a substantial number of shares of preferred stock of the debtor.
Mitchell, Taylor, Capron & Marsh, of New York City, for Landlords' Protective Committee.
Cravath, de Gersdorff, Swaine & Wood, of New York City (Wm. D. Whitney, Donald C. Swatland, and R. L. Gilpatric, all of New York City, of counsel), for reorganization trustee.
Davis, Polk, Wardwell, Gardiner & Reed (Edgar G. Crossman and Edward R. Wardwell, both of New York City, of counsel), for appellee, Debenture Holders' Protective Committee.
Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.
Circuit Court of Appeals, Second Circuit.
CHASE, Circuit Judge.
Before the present proceedings were begun by the filing by the debtor of its voluntary petition for reorganization under section 77B, Bankr.Act (11 U.S.C.A. § 207), on June 9, 1934, it had filed a voluntary petition in bankruptcy on August 29, 1932, been adjudicated a bankrupt on the same day in the District Court for the Southern District of New York, and ever since its estate had been administered in bankruptcy by the Irving Trust Company...
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