IN RE P-R HOLDING CORPORATION

No. 240.

147 F.2d 895 (1945)

In re P-R HOLDING CORPORATION.

Circuit Court of Appeals, Second Circuit.

March 6, 1945.


Attorney(s) appearing for the Case

David Haar, of New York City, for appellants.

Simpson, Thacher & Bartlett, of New York City (Hamilton C. Rickaby, Robert H. O'Brien, and Benjamin C. Milner, III, all of New York City, of counsel), for appellee Max L. Finkelstein, trustee.

Maurice Miller, of New York City, for appellees David Bisgeier and Hyman I. Cohen.

Roger S. Foster and Milton V. Freeman, both of Philadelphia, Pa., and George Zolotar, of New York City (Samuel M. Koenigsberg, and Kiva Berke, both of New York City, of counsel), for Securities and Exchange Commission.

Before EVANS, CLARK, and FRANK, Circuit Judges.


FRANK, Circuit Judge.

1. The first question we face is whether or not the action of Bisgeier and Cohen in purchasing certificates for the purpose of securing the approval of the plan was in "good faith," for a finding that these purchases were in "good faith" would preclude the consideration of any other questions. The mere fact that a purchase of creditors' interests is for the purpose of securing the approval or rejection of a plan does not of itself amount to ...

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