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IN RE MARINE HARBOR PROPERTIES

No. 107.

125 F.2d 296 (1942)

In re MARINE HARBOR PROPERTIES, Inc.

Circuit Court of Appeals, Second Circuit.

Decided January 10, 1942.

Writ of Certiorari Granted March 16, 1942.

Attorney(s) appearing for the Case

Hughes, Hubbard & Ewing, of New York City (Curtiss E. Frank and Orville H. Schell, Jr., both of New York City, of counsel), for appellant.

Friedland & Friedland, of New York City, for debtor-appellee.

George Rosling, of Brooklyn, N. Y., for receiver-appellee Mortimor Rubenstein.

Chester T. Lane, Gen. Counsel, of Washington, D. C., and J. Anthony Panuch, of New York City (George Zolotar and Mortimer Weinbach, both of New York City, of counsel), for Securities and Exchange Commission.

Before SWAN, CHASE, and FRANK, Circuit Judges.

Writ of Certiorari Granted March 16, 1942. See 62 S.Ct. 907, 86 L.Ed. ___.

SWAN, Circuit Judge.

On September 17, 1941 the debtor obtained an ex parte order approving as properly filed under Chapter X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq., its petition for reorganization. The Mortgage Corporation of New York, as trustee for mortgage certificate holders, forthwith applied to the district court to vacate its order of approval and to dismiss the...

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