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NORTH AMERICAN CAR CORP. v. PEERLESS W. & V. MACH. CORP.

No. 389.

143 F.2d 938 (1944)

NORTH AMERICAN CAR CORPORATION v. PEERLESS WEIGHING & VENDING MACHINE CORPORATION. (ROCK-OLA MFG. CORPORATION et al., Interveners).

Circuit Court of Appeals, Second Circuit.

July 19, 1944.

Attorney(s) appearing for the Case

James V. Hayes, of New York City (Benjamin Lewis, Donovan, Leisure, Newton & Lumbard, and Laurence C. Ehrhardt, all of New York City, on the brief), for appellants.

Donald W. Smith, of New York City (Satterlee & Warfield, of New York City, on the brief), for appellee.

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

CLARK, Circuit Judge.

Appellee, North American Car Corporation, was the owner of $15,000 principal amount of the 6% ten year secured sinking fund gold bonds of General Vending Corporation when the latter petitioned on June 18, 1934, for reorganization under former § 77B of the Bankruptcy Act, 11 U.S.C.A. § 207. Thereafter, on March 11, 1935, North American filed a written acceptance of a proposed plan of reorganization for General — as well as for...

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