SECURITIES & EXCHANGE COM'N v. LIBERTY BAKING CORP.

No. 67, Docket 24155.

240 F.2d 511 (1957)

SECURITIES AND EXCHANGE COMMISSION v. LIBERTY BAKING CORPORATION.

United States Court of Appeals Second Circuit.

Decided January 16, 1957.

Writ of Certiorari Denied April 8, 1957.


Attorney(s) appearing for the Case

Levin & Weintraub, New York City, Benjamin Weintraub, Harris Levin, and Edwin S. Shapiro, New York City, of counsel, for debtor-appellee.

David M. Palley, New York City, for Debenture Holders' Protective Committee.

Simpson, Thacher & Bartlett, New York City, Horace J. McAfee and Henry Landau, New York City, of counsel, for indenture trustee.

Thomas G. Meeker, Gen. Counsel, David Ferber, Asst. Gen. Counsel, S.E.C., Washington, D. C., Richard V. Bandler, Kiva Berke, New York City, Joseph Gildenhorn, Washington, D. C., for Securities and Exchange Commission.

Before CLARK, Chief Judge, and FRANK and HINCKS, Circuit Judges.


Writ of Certiorari Denied April 8, 1957. See 77 S.Ct. 719.

FRANK, Circuit Judge.

We take as our guide General Stores Corporation v. Shlensky, 350 U.S. 462, 76 S.Ct. 516, 519, where the Court affirmed this court's decision which, in turn, affirmed a district court order granting a motion like that made by the S. E. C. in the instant case. The Supreme Court said, "It may well be that in most cases where the debtor's securities...

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