In the Matter of D. H. OVERMYER, CO., INC., et al., Debtors-Appellants, and
Robert P. Herzog, Receiver-Appellant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 18, 1974.
Decided February 5, 1975.
Attorney(s) appearing for the Case
Gary L. Blum, New York City (Levy, Levy & Ruback, New York City, on the brief), for debtors-appellants.
W. B. Sandler, New York City (Booth, Lipton & Lipton, New York City, on the brief), for receiver-appellant.
Zalkin, Rodin & Goodman, New York City (Richard S. Toder, New York City, of counsel), for appellees Civic Parking Square, Inc., and others.
Abberly, Kooiman, Marcellino & Clay, New York City, for appellee E. R. Carpenter Co.
Reavis & McGrath, New York City (Stephen R. Steinberg, David C. Birdoff, Stephen H. Lewis, New York City, of counsel), for appellee Fiduciary Research, Inc.
Hahn, Hessen, Margolis & Ryan, New York City (Daniel A. Zimmerman, New York City, of counsel), for appellees Norman S. Glauber, Jr., and others.
McManus & Ernst, New York City, for appellees Robert S. Kahn, and others.
Martin F. Brecker, New York City (Henry & Brecker, New York City, on the brief), for appellees Florence Lazar, and others.
Wachtell, Lipton, Rosen & Katz, New York City (Theodore Gewertz and Allen P. Rosiny, New York City, of counsel), for appellees Samuel H. Pokrass, and others.
Nickerson, Kramer, Lowenstein, Nessen, Kamin & Soll, New York City (Harold P. Weinberger, New York City, of counsel), for appellee The 614 Company.
Howard R. Slater, Chicago, Ill. and Weinstein, Skoller & Kaye, P. C., New York City (William S. Kaye, New York City, of counsel), for appellee David Spatz.
Bachner, Tally & Mantell, New York City, for appellee Torrano.
Before SMITH, HAYS and MANSFIELD, Circuit Judges.
United States Court of Appeals, Second Circuit.
HAYS, Circuit Judge:
This appeal concerns 15 warehouse leases held by subsidiaries of the D. H. Overmyer Company. On November 16, 1973, Overmyer and its subsidiaries filed petitions for an arrangement under Chapter XI of the Bankruptcy Act, 11 U.S.C. § 701 et seq. (1970). Upon application by Overmyer's landlords, Bankruptcy Judge Roy Babitt ordered the termination of the leases in question and the return of possession to the landlords. His orders were affirmed...
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