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IN RE ATLAS FOUNDRY COMPANY

No. B-90-55.

155 F.Supp. 615 (1957)

In the Matter of ATLAS FOUNDRY COMPANY, a Corporation of New Jersey, Bankrupt.

United States District Court D. New Jersey.

October 17, 1957.

Attorney(s) appearing for the Case

McGlynn, Stein & McGlynn, Newark, N. J., by Edward R. McGlynn, Newark, N. J., for Meyer Bornstein, Sarah Bornstein and Anne B. Abrams Sobel.

Andrew B. Crummy, Newark, N. J., Special Counsel for Trustee.

WORTENDYKE, District Judge.

Holders of a mortgage, dated January 22, 1953, upon the plant real estate of the bankrupt corporation, have petitioned this Court, pursuant to 11 U.S.C.A. § 67, sub. c, for review of an order, dated May 8, 1957, made by the Referee and adjudging the mortgage invalid against bankrupt's Trustee. The following questions are presented by the Referee's Certificate of Review:

1. May stockholders of a corporation, through use of a...

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