AMERICAN S.S. CO. v. WICKWIRE SPENCER STEEL CO., 82 F.2d 999 (2nd Cir. 1936)

AMERICAN STEAMSHIP COMPANY, Plaintiff, v. WICKWIRE SPENCER STEEL COMPANY, Defendant. JOSEPH ZEAMANS, Appellants, v. AMERICAN STEAMSHIP COMPANY, Plaintiff-Appellee, Guaranty Trust Company of New York, as Trustee, and Chase National Bank of the City of New York, as Trustee, Complainants-Appellees, Wickwire Spencer Steel Company, Defendant-Appellee, Edward C. Bowers and Charles L. Feldman, as Receivers of Wickwire Spencer Steel Company, Defendants-Appellees, Rudolph P. Flershem, John E. White, and Walter Tufts, as a Committee under Protective Agreement Dated October 28, 1927, for Five-Year Six Per Centum Class B Notes of Wickwire Spencer Steel Company, and Frederic W. Allen, Arthur H. Lockett, Acosta Nichols, Robert W. Stearns, and George W. Treat, as a Reorganization Committee Acting by and under a Plan and Agreement of Reorganization Dated May 27, 1929, Intervening Defendants-Appellees.

No. 294.Circuit Court of Appeals, Second Circuit.
April 6, 1936.

Appeal from the District Court of the United States for the Western District of New York.

Joseph Zeamans, of New York City (Harold R. Zeamans, of New York City, of counsel), for appellants.

Page 1000

Davis, Polk, Wardwell, Gardiner Reed, of New York City (L.H. Coleman and G. Campbell Becket, both of New York City, of counsel), for Guaranty Trust Co. of New York, as trustee.

Larkin, Rathbone Perry, of New York City (Henry E. Kelley and Franklin Benkard, both of New York City, of counsel), for reorganization committee.

Dudley, Stowe Sawyer, of Buffalo, N.Y. (Joseph G. Dudley and Mason O. Damon, both of Buffalo, N.Y., of counsel), for Edward C. Bowers and Charles L. Feldman, as receivers, etc., defendants-appellees.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

PER CURIAM.

Affirmed on the authority of Davis v. Seneca Falls Mfg. Co. (C.C.A.) 17 F.2d 546; Nolte v. Hudson Navigation Co. (C.C.A.)47 F.2d 166; In re New York Investors (C.C.A.) 79 F.2d 182.