IN RE ULEN & CO.

No. 339.

130 F.2d 303 (1942)

In re ULEN & CO. WALKER & AUSTIN et al. v. TYLER et al.

Circuit Court of Appeals, Second Circuit.

August 3, 1942.


Attorney(s) appearing for the Case

Van Vorst, Siegel & Smith, of New York City (Edgar E. Harrison and Lewis A. Spence, both of New York City, of counsel), for Victor M. Tyler, trustee-appellee.

William C. Scott, of New York City, for appellants Satterlee & Warfield.

Leo Brady, appellant, pro se.

Thomas G. Prioleau, of New York City, for appellants Walker & Austin.

George Zolotar, of New York City (Chester T. Lane, Gen. Counsel, of Philadelphia, Pa., and Frederick T. Finnigan and Earl J. Wofsey, both of New York City, of counsel), for Securities and Exchange Commission.

Before SWAN, CHASE, and FRANK, Circuit Judges.


CHASE, Circuit Judge.

On February 16, 1940, Ulen & Company, the debtor, filed its petition for an arrangement under Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq. Appellants Walker & Austin and Satterlee & Warfield were counsel for two of the largest holders of the debtor's Convertible 6% Debentures, and appellant Brady represented an unofficial committee of holders aggregating about 13% of the outstanding debentures. After first opposing...

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