IN RE ARLAN'S DEPARTMENT STORES, INC.

No. 73 Bkcy. 468.

373 F.Supp. 520 (1974)

In the Matter of ARLAN'S DEPARTMENT STORES, INC., et al.

United States District Court, S. D. New York.

February 20, 1974.


Attorney(s) appearing for the Case

Marvin E. Jacob, Asst. Regional Administrator, for the Securities and Exchange Comm., Jerome Feller, and Robert L. Anthony, New York City, of counsel.

Ballon, Stoll & Itzler, New York City, for Debtor in Possession, Frederick E. M. Ballon, and Ronald S. Itzler, New York City, of counsel.

Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for Official Creditors Committee and Debenture Holders Protective Committee, Alan S. Fellheimer, Philadelphia, Pa., of counsel.

Ruben, Schwartz & Silverberg, New York City, Co-Attys. for Official Creditors Committee, Seymour J. Silverberg, New York City, of counsel.

Leinwand, Maron, Hendler & Krause, New York City, Co-Attys. for Official Creditors Committee, Elliot L. Krause, New York City, of counsel.

Guggenheimer & Untermyer, New York City, for Schroder Trust Co., Herbert S. Camitta, New York City, of counsel.

Krause, Hirsch & Gross, New York City, for Official Bank and Institutional Creditors Committee.

Zalkin & Cohen, New York City, for Institutional Lenders Committee, Leonard Zalkin, New York City, of counsel.

Vladeck, Elias, Vladeck & Lewis, New York City, for Retail Clerks International Ass'n, and Local Affiliates, Sheldon Engelhard, New York City, of counsel.


OPINION

ROBERT L. CARTER, District Judge.

The Securities and Exchange Commission ("SEC"), by order to show cause, moved, pursuant to Section 328 of the Bankruptcy Act, 11 U.S.C. § 728, for leave to intervene in the pending Chapter XI proceedings of Arlan's Department Stores (the "debtor") and to dismiss the Chapter XI petitions filed by the debtor and the proceedings under Chapter XI and to require proceedings in compliance with Chapter X. This court...

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