SECURITIES AND EXCHANGE COMMISSION v. BURTON

No. 6223.

342 F.2d 783 (1965)

SECURITIES AND EXCHANGE COMMISSION, Appellant, v. Harry H. BURTON, Receiver, et al., Appellees.

United States Court of Appeals First Circuit.

Decided March 23, 1965.

As Amended April 13, 1965.


Attorney(s) appearing for the Case

David Ferber, Sol., Philip A. Loomis, Jr., Gen. Counsel, Dolph B. H. Simon, Atty., S.E.C., Washington, D. C., Richard V. Bandler, Asst. Regional Administrator, Joseph P. Sullivan, Atty., S.E.C., New York City, for appellant, on motion to remand.

Marcien Jenckes, Boston, Mass., and Joseph G. Nason, Worcester, Mass., Weld S. Henshaw, Boston, Mass., for State Mutual Life Assurance Co. of America, The George Putnam Fund of Boston and The Putnam Management Co., Inc., appellees, on memorandum in opposition to the motion.

Alfred B. Stapleton, Robert J. McGarry and Graham, Reid, Ewing & Stapleton, Providence, R. I., for debtor, appellee, on memorandum in opposition to the motion.

John Cancian and Frederick G. Fisher, Jr., Boston, Mass., for Official Creditors' Committee, Bingham, Dana & Gould, Wilmot R. Hastings, Hale & Dorr, S. Donald Gonson, Boston, Mass., of counsel.

Before ALDRICH, Chief Judge, WOODBURY, Senior Circuit Judge, and HARTIGAN, Circuit Judge.


WOODBURY, Senior Circuit Judge (by designation).

The facts fully appear in the opinion of the court below. In the Matter of American Guaranty Corporation, Debtor, 221 F.Supp. 961 (D.C.R.I., 1963). There is no occasion to recapitulate them here. It will suffice to say that on January 18, 1963, American Guaranty Corporation, hereinafter the debtor, finding itself in financial trouble, filed a petition in the court below for an arrangement...

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