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IN RE GENERAL STORES CORPORATION

No. 54, Docket 27017.

298 F.2d 360 (1962)

In the Matter of GENERAL STORES CORPORATION, Debtor. Lewis J. RUSKIN, as Trustee Under Collateral Agreement Dated May 19, 1954, Appellant, v. Charles H. GRIFFITHS, Trustee in Reorganization of General Stores Corporation, Debtor, Appellee.

United States Court of Appeals Second Circuit.

Decided January 9, 1962.

Attorney(s) appearing for the Case

Harry H. Ruskin, Chicago, Ill., for appellant.

Martin Drazen, White Plains, N. Y. (Frederick P. Close, White Plains, N. Y., on the brief), for appellee.

Richard V. Bandler, Special Counsel, Securities and Exchange Commission, New York, N. Y. (Kiva Berke, Atty., SEC, New York City, Peter A. Dammann, Gen. Counsel and David Ferber, Asst. Gen. Counsel, SEC, Washington, D. C., on the brief), for the Securities and Exchange Commission.

Before SWAN, MOORE and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

This is an appeal from a denial in part of an application in a Chapter X proceeding for a supplemental allowance to Lewis J. Ruskin, as trustee under a Collateral Agreement for services rendered by his attorneys and for disbursements.

In May, 1954 the Debtor purchased from Ruskin, his wife and Rexall Drug Co. all the stock of Ford Hopkins Company, a Chicago retail drug chain. An unpaid balance of the purchase price was secured...

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