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DUDLEY v. MEALEY

No. 140.

147 F.2d 268 (1945)

DUDLEY et al. v. MEALEY et al.

Circuit Court of Appeals, Second Circuit.

January 5, 1945.

Attorney(s) appearing for the Case

Laurence Sovik, of Syracuse, N. Y., for appellants Frank A. Dudley and others.

George I. Sleicher, all of Albany, N. Y., for appellant Paul J. Hinkey.

George J. Hatt, 2nd, of Albany, N. Y., for appellee Carroll E. Mealey, trustee.

B. Jermain Savage, of Albany, N. Y., for appellee First Trust Co. of Albany.

Harold P. Seligson, of New York City, for appellees General Mortgage Bondholders Committee.

C. Emory Lochner and Avrom M. Jacobs, both of Albany, N. Y., for appellee First Mortgage Bondholders Committee and National Commercial Bank & Trust Co.

Before L. HAND, AUGUSTUS N. HAND and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

This case comes before us upon two appeals from an order in bankruptcy, approving a plan of reorganization of the Albany Hotel Corporation, a debtor in a reorganization under Chapter X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq. The appeals involve different questions: one is by a committee of shareholders, who assert that the debtor was not insolvent, and that they should not have been excluded from the plan of reorganization as...

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