LANE v. HAYTIAN CORPORATION OF AMERICA

No. 126.

117 F.2d 216 (1941)

LANE et al. v. HAYTIAN CORPORATION OF AMERICA.

Circuit Court of Appeals, Second Circuit.

January 13, 1941.


Attorney(s) appearing for the Case

Wise, Shepard, Houghton & Lebett, of New York City (John W. Kelly and Frank J. Podesta, both of New York City, of counsel), for debtor-appellant.

Krause, Hirsch & Levin and Brown, Brenton & Watts, all of New York City (Sydney Krause, of New York City, of counsel), for appellees Erle R. Lane, C. A. Richmond, F. A. Goddard, and Ralph W. Thomas, constituting Creditors' Committee of Haytian Corporation of America.

Louis Boehm, of New York City, pro se (Louis Boehm and Samuel Zeiger, both of New York City, of counsel), for appellee Prince Committee.

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


CLARK, Circuit Judge.

A petition for an arrangement of its unsecured debts was filed October 29, 1938, by Haytian Corporation of America; this was followed, December 8, 1938, by an amendment of the original plan and then by a "Second Modified Arrangement," May 12, 1939; and this last proposal was accepted by the debtor's creditors and confirmed by the referee, July 11, 1939. In the order of confirmation, the referee retained jurisdiction to pass on "the propriety...

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