IN RE COMMONWEALTH & SOUTHERN CORP.

No. 10257.

186 F.2d 708 (1951)

In re COMMONWEALTH & SOUTHERN CORP.

United States Court of Appeals Third Circuit.

Decided January 22, 1951.


Attorney(s) appearing for the Case

Houston H. Wasson, New York City (Logan, Marvel & Boggs, Wilmington, Del., Lovejoy, Morris, Wasson & Huppuch, New York City, Josiah Marvel, Wilmington, Del., Winslow M. Lovejoy, New York City, on the brief), for appellant J. S. Farlee & Co., Inc.

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

George Roberts, New York City (Winthrop, Stimson, Putnam & Roberts, New York City, Hayden N. Smith, New York City, on the brief), for appellee Commonwealth & Southern Corp.

Lawrence E. Brown (of Brown, Scott & Dawson), Scottsboro, Ala., on the brief, for Commonwealth Warrant Holders.

Before MARIS, GOODRICH, and HASTIE, Circuit Judges.


HASTIE, Circuit Judge.

The issues involved in this appeal arose late in the course of the dissolution of the Commonwealth and Southern Corporation, hereinafter "Commonwealth", pursuant to the mandate of Section 11 of the Public Utility Holding Company Act of 1935.1 The matter had progressed beyond judicial order "enforcing the plan" for compliance with the statutory mandate into the stage of distribution of assets, with the district court...

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