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CONWAY v. UNION BANK OF SWITZERLAND

No. 174, Docket 22538.

204 F.2d 603 (1953)

CONWAY et al. v. UNION BANK OF SWITZERLAND et al.

United States Court of Appeals Second Circuit.

Decided April 13, 1953.

As Amended on Denial of Rehearing June 8, 1953.

Attorney(s) appearing for the Case

Oliver T. Cowan, New York City, for trustee.

William Gilligan, New York City, for debtor.

Leonard P. Moore, Rowland F. Kirks, Asst. Atty. Gen., Myles J. Lane, U. S. Atty., Southern District of New York, James D. Hill, George B. Searls and John F. Cushman, Attorneys, Department of Justice, Chadbourne, Parke, Whiteside, Wolff & Brophy, New York City, for Attorney General and Silesian Holding Co.

George Zolotar, New York City, Roger S. Foster, General Counsel, David Ferber, Sp. Counsel, Securities and Exchange Commission, Washington, D. C., Arthur A. Burck, Kiva Berke, New York City, of counsel, for Securities & Exchange Commission.

Lawrence J. McKay, New York City, Cahill, Gordon, Zachry & Reindel, New York City, William W. Dulles and Dudley B. Tenney, New York City, of counsel, for appellees.

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

L. HAND, Circuit Judge.

These are appeals by the Debtor, its Trustee and several other interested parties from an order of the bankruptcy court, dismissing for lack of jurisdiction the petition of the Trustee in reorganization under Chapter X of the Silesian-American Corporation, against four Swiss banks, which for convenience we shall call collectively "The Banks." The petition alleged that "The Banks." had got possession of large quantities of zinc ore and of the...

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