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Chicago Title & Trust Co. v. Fox Theateres Corp.

UNITED STATES COURT OF APPEALS SECOND CIRCUIT.


decided: May 13, 1960.

CHICAGO TITLE & TRUST COMPANY, COMPLAINANT,
v.
FOX THEATERES CORPORATION, DEFENDANT. MATTER OF THE APPLICATION OF KENNETH P. STEINREICH AND LEOPOLD PORRINO, AS TRUSTEES OF THE ASSETS WHICH WERE OF FOX THEATRES CORPORATION, AND ON BEHALF OF THE BENEFICIARIES OF THEIR TRUST, COMPRISING THE CREDITORS AND STOCKHOLDERS OF FOX THEATRES CORPORATION, NOW KNOWN RESPECTIVELY AS PREFERRED PARTICIPANTS AND PARTICIPANTS OF SAID TRUST, PETITIONERS-APPELLANTS, V. STERLING NATIONAL BANK & TRUST COMPANY, AS ASSIGNEE OF FRANK D. LISLE, ALVIN J. SCHLOSSER AND LOUIS A. MAHONEY, CONSTITUTING THE NOTEHOLDERS' PROTECTIVE COMMITTEE FOR FIVE-YEAR SECURED 6 1/2% SINKING FUND GOLD NOTES OF ROXY THEATRES CORPORATION, RESPONDENTS-APPELLEES.

Before LUMBARD, Chief Judge, L. HAND, Circuit Judge, and JAMESON, District Judge.*fn*

Per Curiam.

The order is affirmed on the opinion of Judge Bryan, reported at D.C.S.D.N.Y. 1959, 178 F.Supp. 899.


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