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MOKAVA CORPORATION v. DOLAN

No. 132.

147 F.2d 340 (1945)

MOKAVA CORPORATION et al. v. DOLAN.

Circuit Court of Appeals, Second Circuit.

January 2, 1945.

Attorney(s) appearing for the Case

George A. Langan, of Syracuse, N. Y. (Hamilton C. Rickaby, of New York City, of counsel), for Robert R. Meyer.

Allen C. Bragaw, of New York City (Robert H. O'Brien, of New York City, of counsel), for Mokava Corporation.

Willis H. Michell, of Syracuse, N. Y., for T. Frank Dolan, Jr.

Before CHASE, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. The lumping together, in one class, No. 7, of the two first mortgages was erroneous.4 That order was entered when the present plan was not before the court. We need not, therefore, consider whether a failure to appeal from a classification order, entered when a plan is before the court, precludes a later appeal from the order approving a plan, challenging the fairness...

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