IN RE ASSOCIATED GAS & ELECTRIC CO.

Nos. 203, 204.

149 F.2d 996 (1945)

In re ASSOCIATED GAS & ELECTRIC CO. In re ASSOCIATED GAS & ELECTRIC CORPORATION.

Circuit Court of Appeals, Second Circuit.

March 27, 1945.


Attorney(s) appearing for the Case

Scribner & Miller, of New York City (Roscoe Pound, Charles E. Scribner, and Frank R. Bruce, all of New York City, of counsel), for appellants John P. Campbell and O. Clement Swenson, Committee for the Agecorp 73s.

Glass & Lynch, of New York City (Joseph Glass and Leslie Kirsch, both of New York City, of counsel), for appellant Empire Trust Co., Indenture Trustee for the Agecorp 73s.

Ralph Montgomery Arkush, of New York City, for appellant Agecorp 1978 Debentureholders Committee.

Cullen & Dykman, of Brooklyn, N. Y., for appellant Brooklyn Trust Co., Successor Indenture Trustees for Agecorp 1978 Debentures.

MacNeil Mitchell, of New York City, for appellant Walter Scott Foundation for the Aid of Crippled Children, Inc.

Ralph Montgomery Arkush, of New York City, Ralph W. Crolly, of Brooklyn, N. Y., and Matthew B. Price and M. Noel Renz, both of New York City, of counsel), for appellants Agecorp 1978 Debentureholders Committee and others.

Abraham Mitnovetz, of New York City, for appellants Irving Elias, Max Menachen, and Michael Moise, constituting the Protective Committee for the Holders of Convertible Obligations, Due 2002, All Series.

Boehm & Fischman, of New York City (Louis Boehm and Bernard D. Fischman, both of New York City, of counsel), for appellants Thatcher C. Jones et al.

Harry E. Karr, of Baltimore, Md. (Slade & Slade, of New York City, of counsel), for appellant Sparta Fritz, Jr.

Lewis M. Dabney, Jr., of New York City, special counsel for appellee Stanley Clarke, Trustee of Associated Gas & Electric Company, debtor.

Allen E. Throop, of New York City (O. John Rogge, William W. Golub, and Carlos L. Israels, all of New York City, of counsel), for appellees Denis J. Driscoll and Willard L. Thorp, Trustees of Associated Gas & Electric Corporation, debtor.

William Roberts, of New York City, for appellee Equitable Life Assur. Soc. of United States.

Jack Lewis Kraus, II, of New York City, for appellee Protective Committee.

Breed, Abbott & Morgan, of New York City (Jack Lewis Kraus, II, Lloyd V. Almirall, and Harry B. Kurzrok, all of New York City, of counsel), for appellee Underwriters Trust Co., Successor Indenture Trustee for Five Issues of Fixed Interest Debentures of Associated Gas and Electric Co.

Kelsey, Waldrop & Spalding, of New York City (H. Boardman Spalding, of New York City, of counsel), for appellee Colonial Trust Co., as Successor Indenture Trustee for the SFIDS of 1983 and 1986.

Hays, Wolf, Schwabacher, Sklar & Epstein, of New York City, for appellees George R. Walker et al., as Protective Committee for the Agecorp 8s of '40.

Rathbone, Perry, Kelley & Drye, of New York City (Hersey Egginton and F. W. Doolittle, Jr., both of New York City, of counsel), for appellee Central Hanover Bank & Trust Co., as Indenture Trustee for the Agecorp 8s of '40.

Davies, Auerbach, Cornell & Hardy, of New York City (H. C. McCollom, of New York City, and Quentin O. Young, of Brooklyn, N. Y., of counsel), for appellee Jacobs Committee for Holders of Convertible Debenture Certificates (and Convertible Debenture Obligations) of Associated Gas & Electric Co.

Leo B. Mittelman and Joseph Nemerov, both of New York City, for appellees Benjamin Baker et al., as a committee for holders of Associated Gas & Electric Co. convertible obligations.

Nathan D. Shapiro, of Brooklyn, N. Y. (Leo B. Mittelman, of New York City, of counsel), for appellees Moses Spatt et al., as a committee for holders of Associated Gas & Electric Co. preference and preferred stock.

Roger S. Foster, Sol., Morton E. Yohalem, Robert M. Blair-Smith, and Leonard Helfenstein, Attys., all of Philadelphia, Pa., for appellee Securities and Exchange Commission.

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


AUGUSTUS N. HAND, Circuit Judges.

We have before us appeals from two orders, the first an order approving a plan of reorganization to which the Securities and Exchange Commission has given its approval; the second, an order approving a compromise of controversies existing between the estates of the respective debtors and among various classes of their security holders and creditors. We shall hereafter speak of the debtor Associated Gas and Electric Company as Ageco...

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