IN RE BARCLAY PARK CORPORATION

No. 418.

90 F.2d 595 (1937)

In re BARCLAY PARK CORPORATION. SWANSON v. BARCLAY PARK CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

June 7, 1937.


Attorney(s) appearing for the Case

Burnstine, Geist & Netter and Netter & Netter, all of New York City (George E. Netter, Isaac Katz, and Morris A. Marks, all of New York City, of counsel), for appellant Fred Swanson.

Simpson, Thacher & Bartlett, of New York City (Robert H. O'Brien, of New York City, of counsel), for debtor-appellee.

Sage, Gray, Todd & Sims, of New York City (Melber Chambers, of New York City, of counsel), for New York Trust Co. as trustee-appellee.

William A. Stern II, of New York City, for John T. Clarke and Lillie Vreeland, first mortgage bondholders, filing brief in objection to plan of reorganization, though not appealing.

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


AUGUSTUS N. HAND, Circuit Judge.

This is an appeal by the owner of $19,000 (at par value) first mortgage 6½ per cent. bonds of the Barclay Park Corporation from an order confirming a plan of reorganization proposed by it in a proceeding which it had instituted under section 77B of the Bankruptcy Act (11 U.S.C. A. § 207).

The mortgage securing the bonds was upon a lease from the New York State Realty & Terminal Company to the debtor under which...

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