CHICAGO TITLE & TRUST CO. v. FOX THEATRES CORP.


164 F.Supp. 665 (1958)

CHICAGO TITLE & TRUST COMPANY, Complainant, v. FOX THEATRES CORPORATION, Defendant. Application of Kenneth STEINREICH and Leopold Porrino, As Trustees of the Assets which were of Fox Theatres Corporation, and on behalf of the beneficiaries of their Trust, comprising the creditors and stockholders of Fox Theatres Corporation, now known respectively as Preferred Participants and Participants of said trust, Petitioners, v. Ruby SCHINASI, Bankers Trust Company, Solomon Leon Schinasi, also known as S. Leon Schinasi, and Betti Schinasi Goldsmith, as Trustees under the Last Will and Testament of Leon Schinasi, Deceased, Respondents.

United States District Court S. D. New York.

July 29, 1958.


Attorney(s) appearing for the Case

Hirson & Bertini, New York City, for petitioners.

Robert Aronstein, New York City, for creditors, Robert Aronstein, David G. Haskins, Arnold A. Hackmyer, New York City, of counsel.

Corbin, Bennett & Delehanty, New York City, for Ruby Schinasi, Solomon Leon Schinasi and Betti Schinasi Goldsmith, as trustees.

William Saxe, New York City, for Bankers Trust Co., as trustee.


FREDERICK van PELT BRYAN, District Judge.

This is an application in the nature of a summary proceeding made in an equity receivership commenced in this court in 1932.

On January 30, 1939 an order was entered in this receivership confirming a plan proposed by the equity receiver for the realization upon and liquidation of the assets of the defendant corporation. Pursuant to this realization plan all the assets of the receivership and of the defendant corporation...

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