LINCOLN-ALLIANCE BANK & TRUST CO. v. DYE

No. 118.

115 F.2d 234 (1940)

LINCOLN-ALLIANCE BANK & TRUST CO. v. DYE.

Circuit Court of Appeals, Second Circuit.

November 4, 1940.


Attorney(s) appearing for the Case

Goodwin, Nixon, Hargrave, Middleton & Devans, of Rochester, N. Y. (Charles Dickerman Williams, of New York City, of counsel), for appellant.

Charles van Voorhis, of Rochester, N. Y., for appellee.

Harris, Beach, Folger, Bacon & Keating, of Rochester, N. Y., for American Locomotive Co.

Sutherland & Sutherland, of Rochester, N. Y., for Petroleum Heat & Power Corporation.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


PER CURIAM.

The order now on appeal is an aftermath of that which was before us in Lincoln-Alliance Bank & Trust Company v. Dye, 2 Cir., 108 F.2d 38. At that time we said that it lay in the discretion of the judge whether to allow the mortgagee to foreclose when the proceeding was only three weeks old. That, we thought, was scarcely long enough to determine that no "plan of reörganization" was possible. However, we concluded...

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