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

178 F.Supp. 899 (1959)

CHICAGO TITLE & TRUST COMPANY, Complainant, v. FOX THEATRES CORPORATION, Defendant. Application of Kenneth P. 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. STERLING NATIONAL BANK & TRUST COMPANY, as assignee of Frank D. Lisle, Alvin J. Schlosser and Louis A. Mahoney, constituting the Noteholders' Protective Committee for Five-Year Secured 6½% Sinking Fund Gold Notes of Roxy Theatres Corporation, Respondent.

United States District Court S. D. New York.

December 2, 1959.

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 and Daniel A. Gutterman, New York City, of counsel.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for Sterling Nat. Bank & Trust Co. of New York, Samuel J. Silverman, Sidney L. Posel, New York City, Frederick S. Wyle, San Francisco, Cal., of counsel.

FREDERICK van PELT BRYAN, District Judge.

The hoary equity receivership in which this application is made was commenced in this court in 1932. Pursuant to a plan of realization confirmed by the court on January 30, 1939, all assets of the receivership and of Fox Theatres Corporation were transferred to and vested in trustees under a deed of trust for the benefit of creditors and stockholders for the purpose of liquidating, realizing upon and distributing such assets...

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