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FIRST NAT. BANK v. FLERSHEM

Nos. 62 and 63.

290 U.S. 504 (1934)

54 S.Ct. 298

78 L.Ed. 465

FIRST NATIONAL BANK OF CINCINNATI ET AL. v. FLERSHEM ET AL.

Supreme Court of United States.

Decided January 8, 1934.

Attorney(s) appearing for the Case

Mr. Ralph Royall, with whom Mr. Sidney J. Watts was on the brief, for First National Bank, petitioner in Nos. 62 and 63. Mr. James F. Hubbell for International Heater Co., petitioner in Nos. 62 and 63. Mr. David M. Palley, with whom Messrs. Charles H. Sachs and Louis Caplan were on the brief, for petitioners in Nos. 64 and 65.

Mr. Lawrence Bennett, with whom Messrs. Maynard Teall and G. Franklin Ludington were on the brief, for Flershem et al., respondents in Nos. 62, 63, 64, and 65. Mr. Grandin Tracy Vought for Bankers Trust Co., Trustee, respondent in Nos. 62, 63, and 64.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

These cases, which are here on certiorari to the Circuit Court of Appeals for the Third Circuit (289 U.S. 722), were argued together. They arise out of the Plan of Reorganization of the National Radiator Corporation of Delaware dated February 11, 1931. The Reorganization Committee sought to effectuate its Plan through securing, in a suit filed in the western district of Pennsylvania, the appointment of receivers...

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