IN RE CONTINENTAL VENDING MACHINE CORP.

No. 542, Docket 74-2233.

517 F.2d 997 (1975)

In the Matter of CONTINENTAL VENDING MACHINE CORP. and Continental Apco, Inc., Debtors. JAMES TALCOTT, INC., Appellant, v. Irving L. WHARTON, Trustee, Appellee.

United States Court of Appeals, Second Circuit.

Decided June 5, 1975.


Attorney(s) appearing for the Case

J. Jacob Hahn, Hahn, Hessen, Margolis & Ryan, New York City (Julius J. Abeson, New York City, of counsel), for appellant.

Charles Seligson, Weil, Gotshal & Manges, New York City (Joseph J. Marcheso, Gen. Counsel for Continental Vending Machine Corp., New York City, of counsel), for appellee.

Amicus brief filed by the SEC, David Ferber, Sol., SEC (Marvin E. Jacob, Associate Regional Administrator, New York Regional Office, SEC).

Before ANDERSON, MANSFIELD and OAKES,


OAKES, Circuit Judge:

This appeal is by a secured creditor, James Talcott, Inc. (Talcott), in a Chapter X bankruptcy proceeding, 11 U.S.C. § 501 et seq., involving a parent corporation, Continental Vending Machine Corp. (Continental), and its subsidiary, Continental Apco, Inc. (Apco). Talcott objects to an approved amended plan of reorganization for the two corporations because, while the plan calls for consolidation of the proceedings and treats...

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