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CAVANAGH COMMUNITIES CORP. v. NEW YORK STOCK EXCH., INC.

No. 75 B. 243.

422 F.Supp. 382 (1976)

In the Matter of Cavanagh Communities Corporation, Debtor. CAVANAGH COMMUNITIES CORPORATION, Petitioner-Appellee, v. NEW YORK STOCK EXCHANGE, INC., Respondent-Appellant.

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

July 20, 1976.

Attorney(s) appearing for the Case

Finley, Kumble, Heine, Underberg & Grutman, New York City, for appellee; Gary L. Blum, Benjamin Jung, New York City, of counsel.

Milbank, Tweed, Hadley & McCloy, New York City, for appellant; Russel E. Brooks, Richard C. Tufaro, New York City, of counsel.

Securities and Exchange Commission, for amicus curiae; William D. Moran, Regional Administrator, New York City, Lawrence E. Nerheim, Paul Gonson, Jacob H. Stillman, Washington, D. C., of counsel.

Whitman & Ransom, New York City, for amicus curiae, United States Trust Company of New York, as Successor Indenture Trustee.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

This appeal from an order of the Bankruptcy Judge granting a preliminary injunction presents important issues concerning the jurisdiction of both the Bankruptcy Court and the Securities and Exchange Commission ("SEC," "the Commission"). The SEC has intervened as amicus curiae in support of appellant's position and the United States Trust Company of New York, as successor indenture trustee, has intervened...

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