APPEAL OF NORTH AMERICAN LIGHT & POWER CO.

Nos. 10033, 10041.

180 F.2d 975 (1950)

Appeal of NORTH AMERICAN LIGHT & POWER CO. Appeal of NORTH AMERICAN CO. et al.

United States Court of Appeals Third Circuit.

Decided February 28, 1950.


Attorney(s) appearing for the Case

Henry N. Ess, III, New York City (Stoddard M. Stevens, New York City, Sullivan & Cromwell, New York City, on the brief), for appellant North American Co.

Roger S. Foster, Washington, D.C. (Harry G. Slater, Chief Counsel Division of Public Utilities, Myer Feldman, Joseph Auerbach, Securities & Exchange Commission, Washington, D.C., on the brief), for Securities & Exchange Commission.

Percival E. Jackson, New York City (Theodore N. Tarlau, New York City, Joseph J. Bryer, New York City, on the brief), for Pope Yeatman, Jr., and others.

Arthur E. Whittemore, Boston, Mass. (John R. Hally, Boston, Mass., Nutter, McClennen & Fish, Boston, Mass., on the brief), for appellees, Frances W. Emerson and others.

Clayton E. Kline, Topeka, Kan. (Doran, Kline, Cosgrove, Jeffrey & Russell, Topeka, Kan., on the brief), for appellant, North American Light & Power Co.

Before MARIS, GOODRICH and HASTIE, Circuit Judges.


GOODRICH, Circuit Judge.

The object of this appeal is to determine who is to get $570,000. The District Court said it was to go to the owners of publicly held shares of North American Light & Power Company. That company and the North American Company object.

This litigation is, it is to be hoped, the epilogue in the liquidation proceedings dealt with by this Court under the title In re North American Light and Power Company, 3 Cir., 1948,

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