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IN RE MARATHON FOUNDRY AND MACHINE COMPANY

No. 11534.

228 F.2d 594 (1955)

In the Matter of MARATHON FOUNDRY AND MACHINE COMPANY, a corporation, Debtor. MARATHON FOUNDRY AND MACHINE COMPANY, Debtor-Appellant, v. Joseph SCHWARTZ and Francis J. Curtis, Trustees of Marathon Foundry & Machine Company, a corporation, Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 18, 1956.

Attorney(s) appearing for the Case

M. Robert Sturman, Bernard Sang, Allan R. Bloch and Vincent J. Carney, Chicago, Ill., for debtor-appellant.

Henry S. Blum, Francis S. Clamitz, Chicago, Ill., Manuel E. Cowen, Martin S. Gerber, Chicago, Ill., of counsel, for trustees-appellees.

Before MAJOR, FINNEGAN and SCHNACKENBERG, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Debtor has appealed from an order of the district court entered May 27, 1955, directing appellees to sell, for $910,129.58, to Intelectron, Inc. 32,126 shares of the capital stock of Bethlehem Foundry & Machine Co., a Pennsylvania corporation, which stock is an asset of debtor, but which is subject to liens aggregating $500,000 more or less.

An involuntary petition in bankruptcy was filed against debtor on April 30, 1953....

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