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IN RE BLINRIG REALTY CORPORATION

No. 394.

114 F.2d 100 (1940)

In re BLINRIG REALTY CORPORATION.

Circuit Court of Appeals, Second Circuit.

August 16, 1940.

Attorney(s) appearing for the Case

Chester T. Lane, Gen. Counsel, Securities and Exchange Commission, of Washington, D. C., and George Zolotar, and Charles Rembar, both of New York City, for Securities and Exchange Commission.

Dreyer & Traub, of Brooklyn, N. Y. (Abraham Traub and Henry Heymann, both of Brooklyn, N. Y., of counsel), for appellant.

Herman G. Robbins, of Brooklyn, N. Y., for debtor-appellee.

Before CHASE, CLARK, and PATTERSON, Circuit Judges.

CHASE, Circuit Judge.

This appeal presents a situation where a debtor, after trying since 1936 to reorganize in proceedings under the New York State law in the state court without success, filed its petition for reorganization under Chap. X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq., in the District Court for the Eastern District of New York. The prior state court proceedings were not themselves an absolute bar to its so doing. Brooklyn Trust Co. v. Rembaugh...

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