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COHEN v. ELEVEN WEST 42ND STREET

No. 123.

115 F.2d 531 (1940)

COHEN et al. v. ELEVEN WEST 42ND STREET, Inc.

Circuit Court of Appeals, Second Circuit.

November 25, 1940.

Attorney(s) appearing for the Case

Arthur M. Loeb, of New York City (George Z. Medalie and Mitchell Jelline, both of New York City, of counsel), for debtor-appellant.

Scribner & Miller, of New York City (Samuel Miller, Louis G. Bernstein, and Julius J. Rosenberg, all of New York City, of counsel), for petitioners-appellees.

Chester T. Lane, Gen. Counsel, of Washington, D. C., and Jacob F. Raskin, of New York City, amicus curiæ for Securities and Exchange Commission.

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

PER CURIAM.

This is an appeal from an order in bankruptcy, denying a motion, made under Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for summary judgment to dismiss an involuntary petition for reorganization under Chapter X, 11 U.S.C.A. § 501 et seq.. The judge based his ruling solely upon the ground that Rule 56 is not applicable to the situation; and that is therefore the only question before us. The appellees filed their petition...

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