In re The DUPLAN CORPORATION, Debtor.
CHEMICAL BANK, the First National Bank of Chicago, North Carolina National Bank and Security Pacific National Bank, Appellants,
v.
Alfred P. SLANER, as Trustee in Reorganization of The Duplan Corporation, Debtor, Appellee,
United States Trust Company of New York, Successor Indenture Trustee, Appellee,
Securities and Exchange Commission, Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued September 27, 1978.
Decided November 17, 1978.
Attorney(s) appearing for the Case
Henry L. Goodman, New York City (Zalkin, Rodin & Goodman, New York City, Richard S. Toder, Andrew D. Gottfried and Richard A. Gerard, Washington, D. C., of counsel), for appellants, cross-appellants and appellees Chemical Bank, First Nat. Bank of Chicago, North Carolina Nat. Bank and Security Pac. Nat. Bank.
Philip R. Mann, New York City (Shea, Gould, Climenko & Casey, New York City, Martin I. Shelton, New York City, of counsel), for appellant, cross-appellee and appellee Alfred P. Slaner.
John P. Campbell, New York City (Curtis, Mallet-Prevost, Colt & Mosle, Stephen K. Bone and Robert G. Zack, New York City, of counsel), for appellant, cross-appellee, and appellee U. S. Trust Co. of N. Y.
Jerome Feller, New York City (Securities and Exchange Commission, Washington, D. C., David Ferber, Irving H. Picard, Washington, D. C., Marvin E. Jacob, New York City, of counsel), for appellee Securities and Exchange Commission.
Before FRIENDLY and MULLIGAN, Circuit Judges, and WYATT, District Judge.
United States Court of Appeals, Second Circuit.
FRIENDLY, Circuit Judge:
On August 31, 1976, The Duplan Corporation (Duplan) filed in the District Court for the Southern District of New York a petition for an arrangement under Chapter XI of the Bankruptcy Act. Little more than a month later the Bankruptcy Judge directed that reorganization should proceed under Chapter X. Alfred P. Slaner was thereafter appointed Trustee.
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