FLEEGER v. AMES

No. 2238.

120 F.2d 803 (1941)

FLEEGER et al. v. AMES et al.

Circuit Court of Appeals, Tenth Circuit.

June 11, 1941.


Attorney(s) appearing for the Case

Charles R. Fellows, of Tulsa, Okl., and Calvin Boxley, of Oklahoma City, Okl. (Embry, Johnson, Crowe & Tolbert, of Oklahoma City, Okl., on the brief), for appellants Jessie Olive Dunham and Reginald H. Dunham.

A. Francis Porta, of El Reno, Okl. (John M. Wheeler and John M. Wheeler, Jr., both of Tulsa, Okl., and Stanley E. Toland, of Iola, Kan., on the brief), for appellants Burtner Fleeger, L. W. Grant and A. Francis Porta, trustee.

Bradford J. Williams and G. C. Spillers, both of Tulsa, Okl. (Floyd L. Rheam, Rosco E. Harper, Fenelon Boesche, Chas. L. Yancey, Kavanaugh Bush, and Charles P. Gotwals, Jr., all of Tulsa, Okl., on the brief), for appellees Julia M. Boswell, et al.

Bailey E. Bell, of Tulsa, Okl., for appellees Effie L. Ames, Cornelia Fry and Fredericka Gerlach.


HUXMAN, Circuit Judge.

In 1929 and 1930 the Liberty Royalties Corporation undertook a refinancing operation through which it sought to retire its outstanding issue of preferred stock by inducing the holders thereof to exchange it for common stock of the corporation. The company was in state receivership from 1931 to 1938, when a petition was filed for reorganization under Section 77B of the Bankruptcy Act, 11 U.S.C.A. §...

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