IN RE BERMEC CORPORATION

Nos. 1089, 1090, 1095, Dockets 71-1597, 71-1642, 71-1667.

445 F.2d 367 (1971)

In re BERMEC CORPORATION, Debtor, Pacar Financial Corp., et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided July 20, 1971.


Attorney(s) appearing for the Case

J. Coleman Bean, Washington, D. C. (Paskus, Gordon & Hyman, New York City, Howrey, Simon, Baker & Murchison, Washington, D. C., on the brief, John S. Voorhees, Donald J. Gavin and Gerald Kadish, Washington, D. C., of counsel), for appellant Pacar Financial Corp.

Harry Margolis, New York City (Hahn, Hessen, Margolis & Ryan, New York City), for appellant White Motor Corp.

Krause, Hirsch & Gross, New York City, for appellant International Harvester Credit Corp.

Charles Seligson, New York City (and Weil, Gotshal & Manges, New York City, on the brief, Harvey R. Miller and William R. Fabrizio, New York City, of counsel), for debtor-appellee Bermec Corp.

Everett A. Eisenberg, New York City (Graubard, Moskovitz, McGoldrick, Dannett & Horowitz, New York City, on the brief, Philip Kazon and Jean C. Lucas, New York City, of counsel), for the Trustees of Bermec Corp., appellees.

Paul Gonson, Asst. Gen. Counsel (for David Ferber, Washington, D. C., Solicitor), for the Securities and Exchange Comm., appellee.

Before MANSFIELD, Circuit Judge, MacMAHON and GURFEIN, District Judges.


PER CURIAM:

On March 29, 1971 Bermec Corporation ("Bermec") filed a petition under Chapter XI of the Bankruptcy Act, 11 U.S.C. Sections 701-799 and by order of the District Court was permitted to remain as debtor-in-possession. On April 16, 1971, Bermec, with the permission of the District Court, filed an amended petition under Chapter X of the Bankruptcy Act, 11 U.S.C. Sections 501-676. Secured creditors of Bermec, including...

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