EMPIRE TRUST CO. et al.
v.
EQUITABLE OFFICE BLDG. CORPORATION.
Circuit Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
April 9, 1948.
April 9, 1948.
Attorney(s) appearing for the Case
Olin, Murphy & Redmond, of New York City (T. Fergus Redmond, of New York City, of counsel), for Empire Trust Co., appellant.
Wagner, Quillinan, Wagner & Tennant, of New York City (Sidney R. Nussenfeld, of New York City, of counsel), for Granger Committee for Debenture Holders, appellant.
Scribner & Miller, of New York City (Louis G. Bernstein, of New York City, of counsel), for Amott Debenture Holders' Protective Committee, appellant.
Wickes, Riddell, Bloomer, Jacobi & McGuire, of New York City (Herman E. Riddell and Milton I. Newman, both of New York City, of counsel), for Equitable Office Building Corporation, appellee.
Henry S. Hooker, of New York City (Irving L. Schanzer, of New York City, of counsel), for J. Donald Duncan, Trustee of Debtor, appellee.
Roger S. Foster, Sol., and Sidney H. Willner, Associate Sol., both of Philadelphia, Pa., George Zolotar, Sp. Counsel, of New York City, and Alexander Cohen, of Philadelphia, Pa., Atty., for Securities and Exchange Commission, appellee.
T. Roland Berner, of New York City, for stockholder appellees.
Before L. HAND, SWAN, and FRANK, Circuit Judges.
Circuit Court of Appeals, Second Circuit.
SWAN, Circuit Judge.
The Modified Plan of Reorganization provides for payment of the debentures in full with interest at the rate of 5% per annum to the date of consummation.1 The appellants contended below and reassert here that the debenture holders are entitled to interest at the rate of 6% per annum from June 1, 1941 (the maturity date by acceleration), on the principal of the debentures, and to interest at 5% per annum on the unpaid...
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