PRUDENTIAL INS. CO. OF AMERICA v. LAND ESTATES

No. 337.

130 F.2d 170 (1942)

PRUDENTIAL INS. CO. OF AMERICA v. LAND ESTATES, Inc. Application of MUTUAL LIFE INS. CO. OF NEW YORK. MUTUAL LIFE INS. CO. OF NEW YORK v. KAPROW et al.

Circuit Court of Appeals, Second Circuit.

July 29, 1942.


Attorney(s) appearing for the Case

Louis W. Dawson, of New York City (Herbert A. West and Rodney A. Curtiss, both of New York City, of counsel), for appellant Mutual Life Ins. Co. of New York.

Barnet Kaprow, Edwin A. Tennant, Jr., and Thomas Keogh, all of New York City, Creditors' Committee of Land Estates, Inc., pro se, appellees.

Kramer & Kaprow, of New York City, for appellee trustees of Series B-K.

Edward F. Keenan, of New York City, for appellee Superintendent of Insurance of State of New York.

Wagner, Quillinan, Wagner & Tennant, of New York City, for appellee trustees of Series F-1.

Hetkin, Rubin & Hetkin, of New York City, for appellee trustees of Series B-1.

Abraham J. Halprin, of New York City, for appellee trustees of Series C-3 and Q-1.

Adrian P. Burke, of New York City, for appellee trustee of Land Estates, Inc.

Greenbaum, Wolff & Ernst, of New York City, for appellee receiver of Land Estates, Inc.

Clark & Reynolds, of New York City, for appellee Prudential Ins. Co. of America.

Thomas Keogh, of New York City, for appellee trustees of Series Q.

Eugene J. Morris, of New York City, for appellee trustees of Series C-2.

Meyer Boskey, of New York City, for appellee trustees of Series CW-1.

Olin Potter Geer, of New York City, for appellee trustee of Series A-2.

Charles L. Meckenberg, of New York City, for appellee trustee of Series D.

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


AUGUSTUS N. HAND, Circuit Judge.

The present suit was begun on August 18, 1934, as a creditors' bill to conserve the assets of the defendant Land Estates, Inc. This is an appeal from an order of the District Court denying motions of the Mutual Life Insurance Company of New York (hereafter called Mutual) for leave to file four proofs of claim nunc pro tunc, as of May 22, 1934, which aggregated $2,716,148.60. A bar order had been returned fixing May 22, 1934, as the...

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