DELATOUR v. MEREDITH

No. 396.

144 F.2d 594 (1944)

DELATOUR et al. v. MEREDITH et al.

Circuit Court of Appeals, Second Circuit.

July 21, 1944.


Attorney(s) appearing for the Case

Lloyd B. Kanter, of Brooklyn, N. Y. (Lewis, Marks & Kanter, of Brooklyn, N. Y., and Julius Silver and Jack L. Rappaport, both of New York City, on the brief), for appellants Bondholders' Protective Committee.

Percival E. Jackson, of New York City (Archibald Palmer, of New York City, on the brief), for appellants John Vanneck and others.

Eugene J. Keogh, of New York City (Halpin & Keogh, Edward S. St. John, and Charles J. Zinn, all of New York City, on the brief), for appellees Hunter L. Delatour and Raymond Reisler, as trustees, and Jerome Thralls, as additional trustee, of Realty Associates Securities Corporation, debtor.

Abraham Feinstein, of Brooklyn, N. Y. (Herrick & Feinstein and Arthur L. Feinstein, all of Brooklyn, N. Y., on the brief), for Bondholders' Directors Committee.

James B. Alley, of New York City (Auchincloss, Alley & Duncan and Charles R. Lowther, all of New York City, on the brief), for debtor.

George Zolotar, of New York City (Roger S. Foster, Sol., of Philadelphia, Pa., and Kiva Berke, of New York City, on the brief), for Securities and Exchange Commission.

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


CLARK, Circuit Judge.

This appeal brings up the validity of another order of the district court in the proceedings to reorganize Realty Associates Securities Corporation, one aspect of which we had under consideration in Meredith v. Thralls, 2 Cir., 144 F.2d 473, decided July 13, 1944. On November 10, 1943, five days before they were to file the list of the debtor's creditors and stockholders now required under Chapter X of the Bankruptcy...

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