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MOHONK REALTY CORPORATION v. WISE SHOE STORES

No. 285.

111 F.2d 287 (1940)

MOHONK REALTY CORPORATION v. WISE SHOE STORES, Inc.

Circuit Court of Appeals, Second Circuit.

April 15, 1940.

Attorney(s) appearing for the Case

David W. Kahn, of New York City (Wachtell, Manheim & Grouf and Nathan Siegel, all of New York City, on the brief), for appellant.

Abraham I. Menin, of New York City (I. Alfred Levy, Arthur S. Simon, and Asa S. Herzog, all of New York City, of counsel), for appellee.

Before L. HAND, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

On April 3, 1939, the district court approved the plan of reorganization proposed for Wise Shoe Company, Inc., which had filed a petition under Bankruptcy Act, § 77B, 11 U.S.C.A. § 207. The plan was consummated by June 30, 1939, and on that day the district court terminated the proceedings, discharged the debtor, and perpetually enjoined all creditors from proceeding either against the old company or the new corporation, Wise Shoe Stores...

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