IN RE HIGBEE CO.

No. 36119.

57 F.Supp. 737 (1943)

In re HIGBEE CO.

District Court, N. D. Ohio, E. D.

June 10, 1943.


Attorney(s) appearing for the Case

Jones, Day, Cockley & Reavis, of Cleveland, Ohio, for debtor.

Bushnell, Burgess & Fulton, of Cleveland, Ohio, for Metropolitan Life Ins. Co.

I. Walter Sharp, of Cleveland, Ohio, for Cleveland Terminals Bldg. Co.

M. B. & H. H. Johnson, of Cleveland, Ohio, for Preferred Stockholders' Protective Committee.

Baker, Hostetler & Patterson, of Cleveland, Ohio, for J. P. Morgan & Co., Cleveland Trust Co., and Midland Bank.

J. Fred Potts and John H. McNeal, both of Cleveland, Ohio, for J. Fred Potts.

Robert W. Purcell, of Cleveland, Ohio, for Robert R. Young.

McKeehan, Merrick, Arter & Stewart, of Cleveland, Ohio, for Bradley and Murphy.

Robert J. Bulkley and James A. Butler, both of Cleveland, Ohio, for Young and Kirby.

Cummings, Mook, Strong & Douglas, of Cleveland, Ohio, for Cleveland Trust Co.

Mooney, Hahn, Loeser, Keough & Freedheim, of Cleveland, Ohio, for National City Bank.

Richard Ainsworth, of Cleveland, Ohio, for Securities and Exchange Commission.


JONES, District Judge.

Based upon a knowledge of the history of these proceedings, it must frankly be said that this matter arises out of a personal controversy between the exceptor Young, and Bradley and Murphy, growing out of earlier relationships and over the control of the Higbee Company. One phase of the contest respecting ownership of the junior indebedness of The Higbee Company has been heard and decided by this Court. See 50 F.Supp. 114<...

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