COMMERCE TRUST CO. v. AYLWARD

No. 12831.

145 F.2d 113 (1944)

COMMERCE TRUST CO. et al. v. AYLWARD.

Circuit Court of Appeals, Eighth Circuit.

October 2, 1944.


Attorney(s) appearing for the Case

Paul Barnett and Watson, Ess, Groner, Barnett & Whittaker, all of Kansas City, Mo., for appellants.

J. L. Milligan and John C. Grover, both of Kansas City, Mo., for appellee.

Roger S. Foster, Sol., Milton V. Freeman, Asst. Sol., and Theodore L. Thau and David Ferber, Attys., Securities and Exchange Commission, all of Philadelphia, Pa., for Securities and Exchange Commission as amicus curiae.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.


JOHNSEN, Circuit Judge.

The question is as to the jurisdiction of the bankruptcy court, under an agreement which will be presently discussed, to fix the amount of the fees of an indenture trustee and its attorney, for services subsequent to the bankruptcy of the settlor, in administering the assets of three trusts securing some investment and savings certificates issued by the settlor — the indenture trustee being entitled under the indentures to liquidate...

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