SECURITIES AND EXCHANGE COMMISSION, Appellant,
v.
CANANDAIGUA ENTERPRISES CORPORATION, Debtor-Appellee.
SECURITIES AND EXCHANGE COMMISSION, Appellant,
v.
FINGER LAKES RACING ASSOCIATION, Inc., Debtor-Appellee.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued October 21, 1964.
Decided November 18, 1964.
Attorney(s) appearing for the Case
David Ferber, Washington, D. C. (Philip A. Loomis, Jr., General Counsel, Washington, D. C., Richard V. Bandler, Asst. Regional Administrator, Donald L. Roth, Attorney, New York City), for Securities and Exchange Commission.
Sydney Krause, New York City (Harris, Beach, Keating, Wilcox, Dale & Linowitz, Rochester, N. Y., Goldman & Drazen, New York City) (Milton D. Goldman, Wilfred R. Caron, New York City, Nicholas E. Brown, Kreag Donovan, Rochester, N. Y., of counsel), for debtors.
Paul J. Suter and Robert Miller, Rochester, N. Y., for Creditors' Committee.
Before FRIENDLY, HAYS and ANDERSON, Circuit Judges.
United States Court of Appeals Second Circuit.
FRIENDLY, Circuit Judge:
This appeal by the Securities and Exchange Commission, like that in Grayson-Robinson Stores, Inc. v. SEC, 320 F.2d 940 (2 Cir.1963), brings before us an order denying a motion under § 328 of the Bankruptcy Act to dismiss proceedings under Chapter XI unless the debtors' petition were amended, or a creditors' petition filed, to seek relief under Chapter X. Despite our reluctance to interfere with the wishes...
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