SIMPSON v. DELANEY

No. 57, Docket 21736.

184 F.2d 658 (1950)

SIMPSON et al. v. DELANEY.

United States Court of Appeals Second Circuit.

Decided October 20, 1950.


Attorney(s) appearing for the Case

Arthur J. Brothers, New York City, William L. Beers, J. J. Henry Muller III, New Haven, Conn., for appellants.

Sage, Gray, Todd & Sims, New York City, Melber Chambers, New York City, J. Kenneth Bradley, Bridgeport, Conn., of counsel, for Indenture Trustee.

Hodges, Reavis, Pantaleoni & Downey, New York City, Francis X. Downey, New York City, J. Stephen Knight, New Haven, Conn., of counsel, for Hollis T. Gleason, Augustus P. Loring, Jr., Walter A. Dane and Sherwood Waldron as a Protective Committee for Holders of 4% Convertible Debentures due April 15, 1958 of Norwalk Tire & Rubber Co.

Curtis, Trevethan & Gerety, Bridgeport, Conn., Pierce J. Gerety, Bridgeport, Conn., of counsel, Attorneys for Trade Creditors.

Nordlinger, Riegelman & Benetar, New York City, Pouzzner, Hadden, Kopkind & Hadden, New Haven, Conn., H. H. Nordlinger, Arthur H. Fribourg, New York City, of counsel, for Harold Frank and Richman Proskauer, a Committee of 4% Debenture Holders.

Gumbart, Corbin, Tyler & Cooper, New Haven, Conn., Donald F. Keefe, New Haven, Conn., of counsel, for appellee Wallace W. DeLaney, Trustee of Estate of Norwalk Tire & Rubber Co., debtor.

Roger S. Foster, General Counsel, Washington, D. C., George Zolotar, Special Counsel, New York City, David Ferber, Special Counsel, Washington, D. C., Myer Feldman, Washington, D. C., Arthur A. Burck, New York City, of counsel, for Securities and Exchange Commission.

Before L. HAND, Chief Judge, and SWAN and CLARK, Circuit Judges.


PER CURIAM.

This is an appeal from two orders in bankruptcy in a proceeding for the reorganization of the Norwalk Tire and Rubber Company, under Chapter X, Bankr.Act, 11 U.S.C.A. § 501 et seq. On July 7, 1949, the court had passed the usual "bar order" in the proceeding, requiring all claimants on or before September 1, 1949, to file their claims, with the exception of claims founded on "bonds, debentures or shares of stock"; but the appellants — the Simpsons...

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