BROOKLYN TRUST CO. v. REMBAUGH

No. 231.

110 F.2d 838 (1940)

BROOKLYN TRUST CO. v. REMBAUGH.

Circuit Court of Appeals, Second Circuit.

March 18, 1940.


Attorney(s) appearing for the Case

David W. Kahn, of New York City (Nathan Siegel, of New York City, of counsel), for debtor-appellee.

O'Malley & Wilson, of New York City (Walter F. O'Malley and Nicholas P. Callaghan, both of New York City, of counsel), for petitioner-appellant Brooklyn Trust Co., as trustee.

Leon Leighton, of New York City, for Frank L. Weil, William E. Russell, and Raymond J. Scully, as trustees of Series C-2, New York Title & Mortgage Co.

Wagner, Quillinan & Rifkind, of New York City, for Aaron Rabinowitz, James L. Clare, and Lawrence N. Martin, as trustees of Series F-1, New York Title & Mortgage Co.

McLanahan, Merritt & Ingraham, of New York City, for Lawyers Mortg. Corporation, as trustee of various issues of Lawyers Mortg. Co.

Kramer & Kleinfeld, of New York City, for P. Walker Morrison, Lazarus Joseph, and Leon Leighton, as trustees of Series B-K New York Title & Mortg. Co.

Thomas Keogh, of New York City, for Armin H. Mittlemann, Joseph D. Nunan, Jr., and Harry V. Hoyt, as trustees of Series Q, New York Title & Mortgage Co.

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


CHASE, Circuit Judge.

Heilbronn Realty, Inc., filed its voluntary petition for reorganization under Chap. 10 of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq., in the District Court for the Southern District of New York on September 22, 1939, and an order approving it was filed the same day. Appellee, Bertha Rembaugh, in due course became the trustee of the debtor. The debtor's property, with the exception of a negligible amount of cash, consists entirely of real...

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