IN RE V. LOEWER'S GAMBRINUS BREWERY CO.

No. 203.

141 F.2d 747 (1944)

In re V. LOEWER'S GAMBRINUS BREWERY CO., Inc. FLYNN v. BREWERY MANAGEMENT CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

March 21, 1944.


Attorney(s) appearing for the Case

Goldstein & Goldstein, of New York City (Louis W. Stotesbury, of New York City, Bennett E. Aron, of Brooklyn, N. Y., and Nathan H. Goldstein, of New York City, of counsel), for appellant Stotesbury, as trustee.

Kramer & Kaprow, of New York City (Samuel Kramer, David L. Weissman, and Sol O. Maltz, all of New York City, of counsel), for Brewery Management Corporation, purchaser-appellee.

Glass & Lynch, of New York City (Joseph Glass, Walter A. Lynch, and Leslie Kirsch, all of New York City, of counsel), for John L. Flynn, as trustee-appellee.

Winthrop, Stimson, Putnam & Roberts, of New York City (Thomas C. Fogarty and Donald H. Aiken, both of New York City, of counsel), for Franklin Savings Bank, intervenor-appellee.

Finke & Jacobs, of New York City (David Jacobs, of New York City, of counsel), for debtor, amicus curiae.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

On January 8, 1943, an involuntary petition in bankruptcy was filed against V. Loewer's Gambrinus Brewery Company, Inc., the above-named debtor. On February 24, 1943, the alleged bankrupt filed a voluntary petition for reorganization under Chapter X of the Bankruptcy Act and the court made an order approving the petition for reorganization and appointed John L. Flynn, trustee. The debtor had been engaged in the brewery business but...

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