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DANA v. SECURITIES & EXCHANGE COMMISSION

No. 157.

125 F.2d 542 (1942)

DANA v. SECURITIES & EXCHANGE COMMISSION et al.

Circuit Court of Appeals, Second Circuit.

January 22, 1942.

Attorney(s) appearing for the Case

Herman E. Riddell and Wickes, Neilson & Riddell, all of New York City (Hiland Hall, of New York City, of counsel), for appellants.

George Zolotar, of New York City, and Chester T. Lane, Gen. Counsel, and J. Anthony Panuch, Atty., both of Washington, D. C. (Frederick T. Finnigan, of New York City, and Justin N. Reinhardt, of Washington, D. C., of counsel), for Securities and Exchange Commission.

Henry S. Hooker, of New York City, for Trustee.

Before L. HAND, CHASE, and CLARK, Circuit Judges.

PER CURIAM.

In this proceeding the judge denied leave to a committee of the debtor's shareholders to intervene in a proceeding under Chapter X, 11 U.S.C.A. § 501 et seq., upon the authority of In re Philadelphia & Reading C. & I. Co., 3 Cir., 105 F.2d 358; but ordered that it should "receive notice of all matters arising in this proceeding with the right to participate therein." Not satisfied with this, the committee...

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