IN RE ASSOCIATED GAS & ELECTRIC CO.

No. 381.

83 F.2d 734 (1936)

In re ASSOCIATED GAS & ELECTRIC CO.

Circuit Court of Appeals, Second Circuit.

May 4, 1936.


Attorney(s) appearing for the Case

George M. Le Pine, of New York City, for debtor.

Edward F. Ronan, of Binghamton, N. Y., for opposing creditors.

Miller, Owen, Otis & Bailly, of New York City, for Dutch security holders.

Warnick J. Kernan, of Utica, N. Y., for escrow agents.

Archibald L. Jackson, of New York City, for appellant junior stockholders.

Travis, Brownback & Paxson, Carl M. Owen, and Moses & Singer, all of New York City, and Piper, Carey & Hall, of Baltimore, Md., of counsel.

Martin C. Ansorge, of New York City, George J. Hatt, 2d, of Albany, N. Y., McCloy & Bravman, of New York City, Jacob A. Freedman, of Brooklyn, N. Y., and J. Joyce Klinger, of St. George, S. I., N. Y. (Jack Lewis Kraus, II, of New York City, of counsel), for appellees petitioning creditors.

Frank J. Wideman, M. H. Eustace, Lucius A. Buck, and W. C. Jennings, Sp. Assts. to Atty. Gen., E. W. Pavenstedt, of Washington, D. C., Lamar Hardy, U. S. Atty., and Francis H. Horan, Asst. U. S. Atty., both of New York City, for the United States, as amicus curiæ.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.


MANTON, Circuit Judge.

In the United States District Court for the Northern District of New York a petition in section 77B of the Bankruptcy Act (11 U.S.C.A. § 207), asking for reorganization of the debtor, was filed by creditors in June, 1934. The debtor, opposing creditors, and stockholder groups answered denying the allegations of the petition, and raising questions of good faith, insolvency, and the commission of acts of bankruptcy. The petition has not,...

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