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WHITMORE PLAZA CORPORATION v. SMITH

Nos. 8271, 8272.

113 F.2d 210 (1940)

WHITMORE PLAZA CORPORATION et al. v. SMITH et al.

Circuit Court of Appeals, Sixth Circuit.

June 27, 1940.

Attorney(s) appearing for the Case

Shirley T. Johnson and George E. Brand, both of Detroit, Mich. (Miller, Baldwin & Boos and Yerkes, Goddard & McClintock, all of Detroit, Mich., on the brief), for appellants Whitmore Plaza Corporation and others.

Samuel B. Keene, of Detroit, Mich., for a bondholder.

Armstrong, Weadock, Essery & Helm and Joseph J. Marshall, all of Detroit, Mich., for appellee Wallace O. Line.

Chester T. Lane and Martin Riber, both of Washington, D. C., Louis Peirce, of Cleveland, Ohio, and Wm. L. Cary, of Washington, D. C., for Securities and Exchange Commission.

Before HICKS, SIMONS, and ARANT, Circuit Judges.

HICKS, Circuit Judge.

On March 4, 1937, Whitmore Plaza Corporation, a Michigan corporation (herein called the debtor), filed a petition for reorganization under section 77B of the Bankruptcy Act, 11 U.S.C.A. § 207. It owned and operated "Whitmore Plaza," an apartment house in Detroit. The building was constructed in 1928 and was conveyed by its original owners through mesne conveyances to the debtor. The debtor's deed was dated April 10, 1936, and it paid for...

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