HICKEY v. RITZ-CARLTON RESTAURANT & HOTEL CO.

No. 6629.

96 F.2d 748 (1938)

HICKEY et al. v. The RITZ-CARLTON RESTAURANT & HOTEL CO. OF ATLANTIC CITY.

Circuit Court of Appeals, Third Circuit.

May 2, 1938.


Attorney(s) appearing for the Case

Samuel D. Goodis and Stanley Folz, both of Philadelphia, Pa., and Charles A. Wolverton, of Camden, N. J. (Sundheim, Folz & Sundheim, of Philadelphia, Pa., of counsel), for appellants.

Charles C. Trelease, of Newark, N. J. (Burnett & Trelease, of Newark, N. J., of counsel), for appellee.

Rosenberg, Goldmark & Colin, of New York City (Herman Jervis and Milton M. Bergerman, both of New York City, and W. James MacIntosh, and Morgan, Lewis & Bockius, all of Philadelphia, Pa., of counsel), for intervener appellee Real Estate Bondholders Protective Committee.

John J. Fallon of Hoboken, N. J. (John J. Fallon, of Hoboken, N. J., and Nathaniel L. Goldstein and Edmund W. Van Voorhis, both of New York City, of counsel), for intervener Louis F. Schultze.

Before BUFFINGTON and DAVIS, Circuit Judges, and JOHNSON, District Judge.


BUFFINGTON, Circuit Judge.

This is an appeal from two orders of the District Court, one denying a motion to dismiss the petition filed under section 77B, Bankr.Act, 11 U.S.C.A. § 207, to reorganize the Ritz Carlton Restaurant & Hotel Company of Atlantic City, hereinafter called the debtor, and the other making permanent the appointment of the trustee of the debtor.

The main question involved in this case is whether or not the petition was filed in...

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