BURCO, Inc.,
v.
WHITWORTH et al. (LAUTENBACH et al., Interveners) (two cases).
Circuit Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
February 22, 1936.
February 22, 1936.
Attorney(s) appearing for the Case
D. Heyward Hamilton, Jr., of Baltimore, Md., and Ralph P. Buell, of New York City, for appellant.
James Piper, of Baltimore, Md. (Francis J. Carey and Huntington Cairns, both of Baltimore, Md., Edwin F. Blair and J. Paschall Davis, both of New York City, and George S. Newcomer, of Baltimore, Md., on the brief), for appellees trustees of Estate of American States Public Service Co., debtor.
John W. Davis, of New York City, for appellee Ferd Lautenbach, intervener.
Carlyle Barton and H. Warren Buckler, Jr., both of Baltimore, Md., for appellees Francis E. Frothingham, Martin C. Remer, and Samuel Wagner, Jr., Reorganization Managers and, as such managers, interveners.
Thomas G. Corcoran, Sp. Asst. to Atty. Gen., and John J. Burns, Gen. Counsel, Securities and Exchange Commission, of Washington, D. C. (Stanley Reed, Sol. Gen., of Washington, D. C., Benjamin V. Cohen, Sp. Asst. to Atty. Gen., and Roger S. Foster, Allen E. Throop, Henry A. Herman, Nathaniel L. Nathanson, Joseph A. Fanelli, and Joseph L. Rauh, all of Washington, D. C., on the brief), amici curiæ for United States of America and Securities and Exchange Commission.
Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.
Circuit Court of Appeals, Fourth Circuit.
SOPER, Circuit Judge.
In this proceeding for corporate reorganization under section 77B of the National Bankruptcy Act (11 U.S.C.A. § 207) instituted in 1934, the question arose upon the passage of the Public Utility Holding Company Act of 1935 (15 U.S.C.A. § 79 et seq.) whether the trustees of the debtor corporation should comply with the act as a valid exercise of Congressional power. Being advised that the act was unconstitutional, the trustees sought...
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