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IN RE FRANKLIN BLDG. CO.

Nos. 9842-9844.

178 F.2d 805 (1949)

In re FRANKLIN BLDG. CO. SIMONSEN v. EMMERLING. EMMERLING v. SCHROEDER. EMMERLING v. SCHROEDER et al.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 16, 1950.

Attorney(s) appearing for the Case

David Ferber, Special Counsel, Washington, D. C., Thomas B. Hart, J. Kirk Windle, Leo J. Powers, Chicago, Ill., Roger S. Foster, Washington, D. C., and W. Victor Rodin, Philadelphia, Pa., for Security and Exchange Commission.

A. L. Skolnik, Milwaukee, Wis., and Louis C. Ritter, Milwaukee, Wis., for Simonsen.

John W. Emmerling, Milwaukee, Wis., pro se.

Ralph M. Hoyt, Milwaukee, Wis., for Schroeder and another.

Before KERNER, FINNEGAN, and LINDLEY, Circuit Judges.

FINNEGAN, Circuit Judge.

On May 5, 1947, the Corporate Debtor filed its petition for reorganization under Chapter X of the Bankruptcy Act, 11 U.S. C.A. § 501 et seq., and the petition was approved by the Court. John W. Emmerling was appointed and qualified as trustee.

Claims based on first mortgage bonds of the corporate debtor were filed by Lena Simonsen, Robert W. Schroeder, Mollie Schroeder and June Kuptz, and many others who are not concerned in these...

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