IN RE AMERICAN FUEL & POWER CO.

Nos. 9845, 9846.

151 F.2d 470 (1945)

In re AMERICAN FUEL & POWER CO. et al. GREEN et al. v. VANSTON BONDHOLDERS PROTECTIVE COMMITTEE et al. EARLY et al. v. SAME.

Circuit Court of Appeals, Sixth Circuit.

October 9, 1945.


Attorney(s) appearing for the Case

Jay Raymond Levinson, of New York City, and Charles I. Dawson, of Louisville, Ky., for appellants.

Chas. I. Dawson, of Louisville, Ky., H. W. Bowers, of Charleston, W. Va., and Thos. S. Dawson and Woodward, Dawson, Hobson & Fulton, all of Louisville, Ky., on the brief, for appellants Carl B. Early et al.

Baker, Obermeier, Rosner & Rosenson and Oscar S. Rosner, all of New York City, on the brief, for appellants Louis A. Green and Robert Heilbrunn, known as Green Committee, and Morris Green, a creditor.

George W. Jaynes, of Morristown, Tenn., and Robert J. Bulkley and C. J. Odenweller, Jr., both of Cleveland, Ohio (Milbank, Tweed & Hope, of New York City, LeWright Browning, of Ashland, Ky., Robert J. Bulkley, of Cleveland, Ohio, and Richard B. Hand, of New York City, on the brief), for appellees.

Charles J. Odenweller, Jr., and Frank D. Emerson, both of Cleveland, Ohio, Roger S. Foster, Theodore L. Thau, David Ferber, and Alexander Cohen, all of Philadelphia, Pa., on the brief, for Securities and Exchange Commission.

Before HICKS, SIMONS, and MARTIN, Circuit Judges.


MARTIN, Circuit Judge.

The background of the present appeals need not be elaborated, for the reason that the historical setting has been fully revealed in Columbia Gas & Electric Corporation v. United States, 6 Cir., 151 F.2d 461. A brief resume should suffice.

The Inland Gas Corporation is a subsidiary of its parent holding company, the American Fuel & Power Company, which owned substantially all its stock as well...

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