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DAVIDSON v. SHIVITZ

No. 6, Docket 29563.

354 F.2d 946 (1966)

Carlisle DAVIDSON and Frank O. Fredericks, Petitioners-Appellants, v. Lazarus Joseph and David I. SHIVITZ, Trustees-Appellees. In the Matter of The SIRE PLAN MANAGEMENT CORP. et al., Debtors.

United States Court of Appeals Second Circuit.

Decided January 20, 1966.

Attorney(s) appearing for the Case

Lawrence W. Pollack, Frank & Fredericks, New York City, for petitioners-appellants.

Charles Seligson, Harvey R. Miller, New York City, for trustees-appellees.

Philip A. Loomis, Jr., General Counsel, David Ferber, Sol., Richard M. Phillips, Special Counsel, Robert W. Cox, Attorney, Washington, D. C., for Securities and Exchange Commission, Richard V. Bandler, Asst. Regional Administrator, Securities and Exchange Commission, New York City.

Before MOORE, SMITH and ANDERSON, Circuit Judges.

SMITH, Circuit Judge:

In Chapter X reorganization proceedings in the United States District Court for the Southern District of New York, of five affiliated corporations, trustees for fractional interest holders of the fee in certain real properties sought orders of possession on the ground that the leases of the debtors as tenants were terminated under a bankruptcy, insolvency and reorganization provision of the leases. The Court, Sidney Sugarman, District Judge,...

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