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IN RE SWANK HARDWARE CO.

No. 19568.

23 F.Supp. 144 (1938)

In re SWANK HARDWARE CO.

District Court, W. D. Pennsylvania.

January 7, 1938.

Attorney(s) appearing for the Case

Carl E. Glock, of Pittsburgh, Pa., and J. C. Davies, of Johnstown, Pa., for permanent trustees.

Philip N. Shettig, of Ebensburg, Pa., for Herman E. Baumer, receiver of First Nat. Bank of Johnstown, Pa.

Samuel Blumberg, of New York City, and Barnhart & Adams, of Johnstown, Pa., for Harry Swank.

GIBSON, District Judge.

On December 11, 1937, Harry Swank, who alleged that he was the owner of 644 shares of the common stock of the debtor company (somewhat more than the minimum amount required by the statute), was permitted to file a plan of reorganization. Later Herman E. Baumer, receiver of the First National Bank of Johnstown, filed a petition in which he asked the court to rescind the order permitting the plan to be filed. The petitioner alleged that the stock...

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