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IN RE SCHWEHM REALTY CO.

No. 6935.

100 F.2d 532 (1938)

In re SCHWEHM REALTY CO. SCHWEHM REALTY CO. v. PENNSYLVANIA CO. FOR INSURANCES ON LIVES AND GRANTING ANNUITIES et al.

Circuit Court of Appeals, Third Circuit.

December 9, 1938.

Attorney(s) appearing for the Case

Thomas H. Munyan, of Atlantic City, N. J., and Kraus & Weyl and Jerome L. Markovitz, all of Philadelphia, Pa., for appellant.

Cassman & Gottlieb and Harry Gottlieb, all of Atlantic City, N. J., for appellees.

Before DAVIS, BIGGS, and BUFFINGTON, Circuit Judges.

BIGGS, Circuit Judge.

This is an appeal by the debtor from a decree of the court below dismissing a petition filed by the debtor on behalf of certain building and loan companies holding second mortgages upon the property of the debtor. The petition prayed that the claim of the appellees, secured by a first mortgage upon identical property, be disqualified for the purpose of determining the requisite majority for the acceptance of a plan of reorganization already filed...

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