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GANNETT CO. v. LARRY

No. 209, Docket 23368.

221 F.2d 269 (1955)

GANNETT CO., Inc., Appellant, v. E. Charles LARRY, Trustee in Bankruptcy of Berwin Paper Manufacturing Corp., Appellee.

United States Court of Appeals, Second Circuit.

Decided March 31, 1955.

Attorney(s) appearing for the Case

The Gannett Co., Inc., has appealed.

Nixon, Hargrave, Devans & Dey, Rochester, N. Y. (Justin Doyle, E. Willoughby Middleton, Jr., and Leonard S. Zartman, Rochester, N. Y., of counsel), for appellant.

Nathan Relin and Paul J. Suter, Rochester, N. Y., for appellee.

Lehman, Goldmark & Rohrlich, New York City (Mortimer Brenner and Bernard K. Rothenberg, New York City, of counsel), for intervenor-appellee, Central National Corp.

Before FRANK and MEDINA, Circuit Judges, and BRENNAN, District Judge.

FRANK, Circuit Judge.

1. In the light of Comstock v. Group of Institutional Investors, etc., 335 U.S. 211, 229, 68 S.Ct. 1454, 92 L.Ed. 1911, we think the strict rule of In re V. Loewer's Gambrinus Brewery Co., 2 Cir., 167 F.2d 318, cannot stand.1

2. Judge Burke, however, rested his decision on the alternative ground that Gannett Co., Inc. — controlling the...

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