IN RE ADOLF GOBEL, INC.

No. 244.

80 F.2d 849 (1936)

In re ADOLF GOBEL, Inc. GENERAL AMERICAN TANK CAR CORPORATION v. ADOLF GOBEL, Inc., et al.

Circuit Court of Appeals, Second Circuit.

January 6, 1936.


Attorney(s) appearing for the Case

Root, Clark, Buckner & Ballantine, of New York City, and Rosenthal, Hamill & Wormser, of Chicago, Ill. (Arthur A. Ballantine, of New York City, Lessing Rosenthal, of Chicago, Ill., and Henry J. Friendly, of New York City, of counsel), for appellant.

Gleason, McLanahan, Merritt & Ingraham, of New York City (Henry A. Ingraham and Franklin P. Ferguson, both of New York City, of counsel), for Adolf Gobel, Inc., and Jacob E. Decker & Sons.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Ralph M. Carson and Warren E. Hoagland, both of New York City, of counsel), for noteholders committee.

Laughlin, Gerard, Bowers & Halpin, of New York City (Spotswood D. Bowers and Francis S. Quinn, both of New York City, of counsel), for Corn Exchange Bank & Trust Co.

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


MANTON, Circuit Judge.

The order appealed from restrained appellant from prosecuting an action in the Superior Court, Cook county, Ill., against Jacob E. Decker & Sons, an Iowa corporation, the common stock of which was subsequently all owned by Adolf Gobel, Inc., the debtor in this bankruptcy proceeding under section 77B, as amended, 11 U.S.C.A. § 207. The debtor did not own its preferred stock or outstanding bonds. The order decreed void an attachment issued...

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