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DUEBLER v. SHERNETH CORPORATION

No. 191, Docket 20494.

160 F.2d 472 (1947)

DUEBLER et al. v. SHERNETH CORPORATION.

Circuit Court of Appeals, Second Circuit.

March 29, 1947.

Attorney(s) appearing for the Case

Martin Lippman, of New York City (McLaughlin & Stern and Stephen S. Bernstein, all of New York City, on the brief), for appellant.

Emanuel D. Finkelman, of Brooklyn, N. Y. (Benjamin Harwood, Jr., and H. Paul Shanik, both of Brooklyn, N. Y., on the brief), for appellees.

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

CLARK, Circuit Judge.

This appeal raises the issue of the power of a bankruptcy court to reopen a reorganization decree some time after the final period set in it to permit of the exchange of securities in accordance with the provisions of the reorganization plan. This is the necessary relief which the appellees here sought below by a motion in the proceedings asking for "an order nunc pro tunc" extending their time to exchange their securities for those of the new...

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