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KROELL v. NEW YORK AMBASSADOR

No. 61.

108 F.2d 294 (1939)

KROELL et al. v. NEW YORK AMBASSADOR, Inc.

Circuit Court of Appeals, Second Circuit.

December 18, 1939.

Attorney(s) appearing for the Case

Benjamin C. Ribman, of New York City (McInnes & Gamble and Hamilton McInnes, all of New York City, on the brief), for appellants.

Godfrey Goldmark, of New York City (Rosenberg, Goldmark & Colin and Herman Jervis, all of New York City, on the brief), for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

A preliminary question arises herein as to the jurisdiction of the court to consider on the merits a proposed amendment to an involuntary petition for reorganization of a corporation after a motion for dismissal of the petition had been granted. Appellee claims that under In re Glory Bottling Co. of New York, 2 Cir., 283 F. 110, 112, a bankruptcy court has no jurisdiction to consider an amendment to an involuntary petition after it has been dismissed...

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