TRINITY BUILDINGS CORP. PREF. STOCKHOLDERS v. O'CONNELL

No. 269.

155 F.2d 327 (1946)

TRINITY BUILDINGS CORPORATION PREFERRED STOCKHOLDERS COMMITTEE v. O'CONNELL et al.

Circuit Court of Appeals, Second Circuit.

May 2, 1946.


Attorney(s) appearing for the Case

Alfred H. Hetkin, of New York City (Hetkin, Jervis & Hetkin and Edward A. Kole, all of New York City, on the brief), for appellant.

Monroe Goldwater, of New York City (Goldwater & Flynn, Harry Rodwin, and George Kossoy, all of New York City, on the brief), for appellee James J. O'Connell.

Daniel W. Blumenthal, of New York City (Maurice B. & Daniel W. Blumenthal and Edward Endelman, all of New York City, on the brief), for appellee Protective Committee for the Stockholders of United States Realty & Improvement Co.

Ralph Montgomery Arkush, of New York City, for appellee Trinity Buildings Corporation First Mortgage Bondholders' Committee.

George Zolotar, Atty., Securities and Exchange Commission, of New York City (Roger S. Foster, Sol., and Robert S. Rubin, Asst. Sol., both of Philadelphia, Pa., and Ezra Weiss, Atty., Securities and Exchange Commission, of New York City, on the brief), for appellee Securities and Exchange Commission.

Before SWAN, CLARK, and WOODBURY, Circuit Judges.


CLARK, Circuit Judge.

This is an appeal from orders of approval and confirmation of the same joint plan of reorganization of two debtors which was under consideration in the companion case decided herewith, National City Bank of New York v. O'Connell, Trustee, 2 Cir., 155 F.2d 329. The plan of reorganization calls for the vesting of the assets of the two debtors, United States Realty & Improvement Company and its subsidiary, Trinity...

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