IN RE GENERAL STORES CORPORATION

Docket 26083.

278 F.2d 437 (1960)

Matter of GENERAL STORES CORPORATION, Debtor. Appeal of Lewis J. RUSKIN, as Trustee under Collateral Agreement dated May 19, 1954, v. Charles H. GRIFFITHS, Trustee in Reorganization.

United States Court of Appeals Second Circuit.

Decided May 10, 1960.


Attorney(s) appearing for the Case

Irving Younger, New York City (Ruskin & Rosenbaum, Chicago, Ill.), for Lewis J. Ruskin, Collateral Trustee.

Richard V. Bandler, Securities & Exchange Commission, New York City (Thomas G. Meeker, General Counsel, Washington, D. C., and Kiva Berke, New York City), for Securities & Exchange Commission.

Otterbourg, Steindler, Houston & Rosen, New York City, for debtor.

Louis J. Weinshenker, New York City, for Richard Goodman.

Townsend & Lewis, New York City, for Stockholders Protective Committee.

Netter & Netter, New York City, for Florence Brill, a stockholder.

Frederick P. Close, White Plains, N. Y. (Martin Drazen, White Plains, N. Y., of counsel), for Trustee in Reorganization, appellee.

Richard Goodman, pro se.

Before MOORE, Circuit Judge, and SMITH and HERLANDS, District Judges.


PER CURIAM.

This motion to dismiss the appeal raises the question of whether an appeal lies of right from a determination of allowances in a bankruptcy proceeding under Chapter 10 of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq., where the claim arises from contractual provisions for compensation for services contained in a collateral agreement rather than from services to the Estate.

The control of the reorganization court extends to all compensation...

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