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IN RE IMPERIAL "400" NATIONAL, INC.

No. 71-1556.

456 F.2d 926 (1972)

In the Matter of IMPERIAL "400" NATIONAL, INC., a Delaware corp., et al. Appeal of UNION BANK, in No. 71-1550. Appeal of CHEMICAL BANK, NEW YORK TRUST COMPANY, in No. 71-1551. Appeal of FIRST NATIONAL BANK OF AKRON, in No. 71-1552. Appeal of BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION, Trustee for Aerojet-General Corporation Noncontributory Pension Plan Trust PWP-12829, in No. 71-1553. Appeal of BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION, Trustee for Aerojet-General Corporation Salaried Employees Retirement Plan Trust PNP-13840, in No. 71-1554. Appeal of OFFICIAL CREDITORS' COMMITTEE, in No. 71-1555. Appeal of Joseph M. NOLAN, in Nos. 71-1550 to 71-1556.

United States Court of Appeals, Third Circuit.

Decided March 15, 1972.

Attorney(s) appearing for the Case

Laurence W. Levine, Walsh & Levine, New York City, for appellant in No. 71-1550.

Alvin Weiss, Riker, Danzig, Scherer & Brown, Newark, N. J., for appellants in Nos. 71-1551 to 71-1554.

Sheldon Schachter, Kleinberg, Moroney, Masterson & Schachter, Newark, N. J., for appellant in No. 71-1555.

David Ferber, Solicitor, Securities and Exchange Commission, Washington, D. C., for appellee in all cases.

Before McLAUGHLIN, VAN DUSEN and ADAMS, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

These cases, consolidated for appeal, involve the possible liability of a trustee in reorganization and his attorney for the payment of interest on, or a similar charge for the use of, that portion of a third interim allowance and fee granted by the district court without specification of a payment date, paid subsequent to such grant, and later found to be excessive by this court. We find on this record that...

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