IN RE ALLIED PROPERTIES CO.

No. 8723.

118 F.2d 773 (1941)

In re ALLIED PROPERTIES CO. In re BUCKEYE SHERIFF STREET REALTY CO. CLEVELAND TRUST CO. v. REALTY CORPORATION et al.

Circuit Court of Appeals, Sixth Circuit.

April 7, 1941.


Attorney(s) appearing for the Case

W. H. Bemis, of Cleveland, Ohio (Donald D. Wick, W. H. Bemis, and Baker, Hostetler & Patterson, all of Cleveland, Ohio, on the brief), for appellant.

T. M. Dye and Kenneth Resseger, both of Cleveland, Ohio (John D. Fackler, Trafton M. Dye, and Fackler & Dye, all of Cleveland, Ohio, on the brief), for appellee Realty Corporation.

E. G. Halter, Kenneth Resseger, and Calfee & Fogg, all of Cleveland, Ohio, for appellee Florence A. McDonald.

Before SIMONS, ALLEN, and MARTIN, Circuit Judges.


MARTIN, Circuit Judge.

In corporate reorganization proceedings, under Chapter X of the National Bankruptcy Act, 11 U.S.C.A. § 501 et seq., the Cleveland Trust Company, as successor trustee under a trust indenture for the debtor, The Allied Properties Company (hereinafter called "Allied"), and as the holder in trust of $424,000 of first mortgage leasehold bonds of The Buckeye Sheriff Street Realty Company, subsidiary debtor (hereinafter called "Buckeye"), has...

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