IN RE AKTIEBOLAGET KREUGER & TOLL

No. 255.

96 F.2d 768 (1938)

In re AKTIEBOLAGET KREUGER & TOLL.

Circuit Court of Appeals, Second Circuit.

May 9, 1938.


Attorney(s) appearing for the Case

Spence, Hopkins, Walser & Hotchkiss, of New York City (Kenneth M. Spence and Valerian E. Greaves, both of New York City, of counsel), for appellant Lee, Higginson Trust Co.

Hunt, Hill & Betts, of New York City (Robert McLeod Jackson, of New York City, of counsel), for appellants Berkowitz and Greenwood.

Louis R. Patur, of Brooklyn, N. Y., for Alexander Morse, American certificate holder.

Sullivan & Cromwell, of New York City (John Foster Dulles, Edward H. Green, and Philip L. Miller, all of New York City, of counsel), for Marine Midland Trust Co.

Winthrop, Stimson, Putnam & Roberts, of New York City (George Roberts, of New York City, of counsel), for Edward S. Greenbaum, trustee in bankruptcy of Aktiebolaget Kreuger & Toll.

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


MANTON, Circuit Judge.

The order appealed from rejected the claims of Lee, Higginson Trust Company as trustee and certain individual holders of the bankrupt's participating debentures who claim they were on a par with claims of general creditors. The order, however, allowed but subordinated the claims, both as to principal and interest, to the general creditors. The appeal is from so much of the order as subordinated their claims.

The Marine Midland Trust...

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