CONWAY v. SILESIAN-AMERICAN CORP.

No. 85, Docket 21755.

186 F.2d 201 (1950)

CONWAY v. SILESIAN-AMERICAN CORP. et al.

United States Court of Appeals Second Circuit.

Decided December 26, 1950.


Attorney(s) appearing for the Case

Oliver T. Cowan, of New York City (Goldwater & Flynn and William C. Hare, of New York City, on the brief), for appellee Francis X. Conway, trustee.

Thomas A. McGrath, of New York City (William Gilligan, of New York City, on the brief), for appellant Silesian-American Corp.

Leonard P. Moore, of New York City (Chadbourne, Parke, Whiteside, Wolff & Brophy, Clair B. Hughes, and Edward R. Neaher, all of New York City, on the brief), for appellant Silesian Holding Co.

Charles E. Scribner, of New York City (Scribner & Miller, Louis G. Bernstein, and Robert J. Sands, all of New York City, on the brief), for appellants Edward W. Smith and others as Protective Committee for the Holders of the 7% Collateral Trust Bonds due August 1, 1941.

George B. Searls, Atty., Dept. of Justice, Washington, D. C. (Harold I. Baynton, Asst. Atty. Gen., Director, Office of Alien Property, Abe W. Weissbrodt, Atty., Dept. of Justice, Washington, D. C., and Irving H. Saypol, U. S. Atty., of New York City, on the brief), for appellant J. Howard McGrath, Atty. Gen.

George Zolotar, Sp. Counsel, Securities and Exchange Commission, New York City (Roger S. Foster, Gen. Counsel, David Ferber and Lawrence M. Greene, Sp. Counsel, Securities and Exchange Commission, and Meyer Feldman, all of Washington, D. C., and Ezra Weiss and Kiva Berke, New York City, on the brief), for Securities and Exchange Commission.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.


CLARK, Circuit Judge.

This appeal brings before us as its main feature a district court order approving as fair, equitable, and feasible the trustee's plan for the reorganization of Silesian-American Corporation, a Delaware holding company, which was the conduit whereby American investors in the golden twenties put money into a Polish corporation owning and mining extensive zinc and coal deposits in Upper Silesia. In the light of existing world conditions the mines...

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