CASE v. LOS ANGELES LUMBER CO.

Nos. 23 and 24.

308 U.S. 106 (1939)

CASE ET AL. v. LOS ANGELES LUMBER PRODUCTS CO., LTD.

Supreme Court of United States.

Decided November 6, 1939.


Attorney(s) appearing for the Case

Mr. Robert M. Clarke, with whom Mr. Thomas K. Case, in propria persona, was on the brief, for petitioners.

By special leave of Court, Solicitor General Jackson, with whom Messrs. Warner W. Gardner, Robert K. McConnaughey, Daniel W. Knowlton, Chester T. Lane, Samuel H. Levy, and Homer Kripke were on the brief, for the United States, as amicus curiae, urging reversal.

Messrs. J. Clifford Argue and John C. Macfarland, with whom Messrs. David R. Faries, H.D. Crotty, and Woodward M. Taylor were on the brief, for respondent.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

These cases1 present the question of the conditions under which stockholders may participate in a plan of reorganization under § 77B (48 Stat. 912) of the Bankruptcy Act where the debtor corporation is insolvent both in the equity and in the bankruptcy sense. Because of the contrariety of tendencies in practical administration of the...

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