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HOROWITZ v. KAPLAN

No. 4598.

193 F.2d 64 (1951)

HOROWITZ et al. v. KAPLAN et al. In re WALTHAM WATCH CO.

United States Court of Appeals First Circuit.

Writ of Certiorari Denied March 3, 1952.

Attorney(s) appearing for the Case

Milton Pollack, New York City (Charles W. Bartlett, Boston, Mass., Bernard E. Singer and Richard F. Wolfson, New York City, and Ely, Bartlett, Thompson & Brown, Boston, Mass., on brief), for appellants.

Jacob J. Kaplan, Boston, Mass. (Daniel J. Lyne and C. Keefe Hurley, Boston, Mass., on brief), for Trustees, appearing pro se, appellees.

LaRue Brown, Boston, Mass. (Harold P. Seligson, New York City, on brief), for Common Stockholders (Hudson Committee).

Roger S. Foster, General Counsel, David Ferber, Washington, D. C., and George Zolotar, Special Counsel, New York City, and Robert L. Randall, Attorney, Washington, D. C., submitted on brief of Securities and Exchange Commission as amicus curiæ in opposition to motion to dismiss.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

Writ of Certiorari Denied March 3, 1952. See 72 S.Ct. 561.

MAGRUDER, Chief Judge.

Appellants, as beneficial owners of 510 shares of common stock of the debtor, Waltham Watch Company, bring this appeal from an order of the United States District Court for the District of Massachusetts entered July 27, 1951, confirming a plan of reorganization under Chapter X of the Bankruptcy Act, 52 Stat. 883, 11 U.S.C.A. § 501 et seq.

A motion to dismiss the...

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