IN RE CONTINENTAL MTG. INVESTORS

Nos. 77-1216, 77-1217.

578 F.2d 872 (1978)

In re CONTINENTAL MORTGAGE INVESTORS, a Massachusetts Trust with Transferable Shares, Debtor-Appellant. Appeal of SECURITIES AND EXCHANGE COMMISSION.

United States Court of Appeals, First Circuit.

Decided May 25, 1978.


Attorney(s) appearing for the Case

Alan L. Lefkowitz, Boston, Mass., with whom Edward T. Robinson and Gaston Snow & Ely Bartlett, Boston, Mass., were on brief, for Continental Mortgage Investors, debtor-appellant.

Irving H. Picard, Asst. Gen. Counsel, Washington, D. C., with whom David Ferber, Sol. to the Commission, Washington, D. C., Marvin E. Jacob, Associate Administrator, Lawrence J. Toscano, Sp. Counsel, and Philip M. Mandel, Sp. Counsel, New York City, were on brief, for Securities and Exchange Commission, appellant.

Charles W. Morse, Jr., Boston, Mass., with whom Victor Bass and Sullivan & Worcester, Boston, Mass., were on brief, for John Hancock Mutual Life Ins. Co., et al., appellees.

Robert M. Gargill, Boston, Mass., with whom Choate, Hall & Stewart, Boston, Mass., Henry L. Goodman and Zalkin, Rodin & Goodman, New York City, were on brief, for Creditors' Committee and Certain Senior Creditors, appellees.

Before CAMPBELL and TUTTLE, Circuit Judges, WOLLENBERG, District Judge.


WOLLENBERG, District Judge.

These two appeals involve one of the largest business reorganizations in United States history, initiated on March 8, 1976, by the petition of Continental Mortgage Investors ("CMI" or the "debtor") in the District Court for the District of Massachusetts to effect a plan of arrangement under Chapter XI of the Bankruptcy Act.1 The proceedings were referred to a bankruptcy judge who entered the order on October...

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