KNIGHT v. WERTHEIM & CO.

No. 82, Docket No. 20349.

158 F.2d 838 (1946)

KNIGHT et al. v. WERTHEIM & CO., et al.

Circuit Court of Appeals, Second Circuit.

December 31, 1946.


Attorney(s) appearing for the Case

T. Roland Berner, of New York City (M. Victor Leventritt and James H. Mathias, both of New York City, of counsel), for appellants Knight and Doyle.

John Gerdes, and Gerdes & Montgomery, all of New York City (W. Randolph Montgomery, of New York City, of counsel), for appellees Wertheim & Co. and others.

Louis G. Bernstein and Scribner & Miller, all of New York City (Frank R. Bruce, of New York City, of counsel), for appellee Committee of Debenture Holders.

Henry S. Hooker, of New York City, (Irving L. Schanzer, of New York City, of counsel), for appellee Duncan.

George T. Barker and Hardy, Stancliffe & Hardy, all of New York City, for appellees Hudson Maguire, and others.

George Zolotar, of New York City and Roger S. Foster, Sol., and Robert S. Rubin, Asst. Sol., both of Philadelphia, Pa. (Meyer Feldman, of New York City, of counsel), for Securities and Exchange Commission.

Wagner Quillinan, Wagner & Tennant, of New York City (Sidney R. Nussenfeld and Lewis A. Pinkussohn, both of New York City, of counsel), for appellee Granger Committee for Debenture Holders.

Olin, Murphy & Redmond, of New York City, for appellee Empire Trust Co., as indenture trustee.

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


L. HAND, Circuit Judge.

This appeal and two other appeals are from an order and two ancillary orders of the Bankruptcy Court, refusing to submit an "alteration" of a plan of reorganization to the creditors and shareholders of the debtor. The debtor is the owner of a large office building in lower Manhattan known as the Equitable Office Building, which on April 10, 1941, filed a petition for reorganization under Chapter X, 11 U.S.C.A. § 501 et seq. It had but...

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