CENTRAL HANOVER B. & T. CO. v. PHILADELPHIA & R. C. & I. CO.

No. 6646.

99 F.2d 642 (1938)

CENTRAL HANOVER BANK & TRUST CO. v. PHILADELPHIA & READING COAL & IRON CO. et al.

Circuit Court of Appeals, Third Circuit.

October 14, 1938.


Attorney(s) appearing for the Case

Thomas W. Reath, of Philadelphia, Pa., Larkin, Rathbone & Perry, of New York City, and Dechert, Smith & Clark, of Philadelphia, Pa. (Frank H. Heiss, of New York City, and Geoffrey S. Smith, of Philadelphia, Pa., of counsel), for appellant.

Knox Henderson, Allen Hunter White, and Frederic L. Ballard, all of Philadelphia, Pa. (Ballard, Spahr, Andrews & Ingersoll, of Philadelphia, Pa., of counsel), for appellees Schofield Andrews, Reid Kennedy, George A. Barnewall, William F. Walsh, and Cornelius A. Sullivan, as and constituting Protective Committee for Holders of Philadelphia & Reading Coal & Iron Co. Twenty-Year Convertible 6% Debenture Bonds.

E. R. von Starck and W. James MacIntosh, of Philadelphia, Pa. (Penrose Hertzler, of Pottsville, Pa., and Morgan, Lewis & Bockius, of Philadelphia, Pa., of counsel) for appellee Philadelphia & Reading Coal & Iron Co.

Percival E. Jackson, of New York City, and David Bortin, of Philadelphia, Pa., for intervener-appellee.

Before DAVIS, MARIS, and BUFFINGTON, Circuit Judges.


MARIS, Circuit Judge.

On February 26, 1937, the Philadelphia and Reading Coal and Iron Company (hereinafter called the Debtor) filed in the District Court for the Eastern District of Pennsylvania its petition for reorganization under Section 77B of the Bankruptcy Act, 11 U.S.C.A. § 207. On the same date its petition was approved by the court which by a decree then entered continued the Debtor in possession of its properties and enjoined the enforcement of any...

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