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IN RE FLEETWOOD MOTEL CORPORATION

Nos. 14667, 14669.

335 F.2d 857 (1964)

In the Matter of FLEETWOOD MOTEL CORPORATION, Debtor. Joseph F. Bradway, Trustee under the Will of Edward H. Bradway, Sr. for a 75/300ths interest and Trustee under the Will of Ella R. Elwell for a 75/300ths interest, Barbara J. Sankey, Custodian for minors, Joseph F. Bradway, Jr. for a 10/300ths interest, Linda L. Bradway for a 10/300ths interest, Corinne J. Bradway for a 10/300ths interest, and Camille M. Bradway for a 10/300ths interest, and Bernard W. Capaldi, Trustee under Deed of Trust of John M. Sankey, dated April 30, 1957 for a 25/300ths interest, and Trustee under Deed of Trust of William F. Lawless, Sr. and Carol B. Lawless dated April 30th, 1957 for a 25/300ths interest, and Trustee under Deed of Trust of Joseph F. Bradway, Sr. dated March 5, 1938 for a 60/300ths interest, Appellants. In the Matter of FLEETWOOD MOTEL CORPORATION, Debtor. Jack G. Kolman, Trustee, Appellant.

United States Court of Appeals Third Circuit.

Decided August 6, 1964.

As Amended September 2, 1964.

Attorney(s) appearing for the Case

John Lloyd, Jr., Atlantic City, N. J., for appellants Joseph F. Bradway, Barbara J. Sankey and Bernard W. Capaldi (Lloyd, Horn, Megargee & Steedle, Atlantic City, N. J., on the brief).

Neil F. Deighan, Jr., Camden, N. J., for appellant Jack G. Kolman.

David Ferber, Assoc. Gen. Counsel, Securities and Exchange Commission, Washington, D. C., for SEC (Richard V. Bandler, Asst. Regional Admr., Richard L. Veron, Atty., SEC, New York City, Philip A. Loomis, Jr., Gen. Counsel, Donald R. Jolliffe, Atty., SEC, Washington, D. C., on the brief).

Before STALEY, HASTIE and GANEY, Circuit Judges.

STALEY, Circuit Judge.

These cross appeals are from an order entered by the district court in reorganization proceedings under Chapter X of the Bankruptcy Act, 11 U.S.C. §§ 501-676 (1958 ed). The district court affirmed two orders of the referee in bankruptcy, one denying the petition of the debtor's landlord, Joseph F. Bradway,1 for possession of premises leased to the debtor, and the...

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