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In re Kenmore-Granville Hotel Co.

November 11, 1937

IN RE KENMORE-GRANVILLE HOTEL CO. ; MEYER
v.
KENMORE-GRANVILLE HOTEL CO.



Appeal from the District Court of the United States for the Northern District of Illinois, Eastern Division; John P. Barnes, Judge.

Author: Sparks

Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.

SPARKS, Circuit Judge.

Appellants, a small group of bondholders of the debtor, appeal from two orders of the District Court in a proceeding under section 77B, Bankr. Act (11 U.S.C.A. § 207) for the reorganization of the debtor. The first order, entered February 3:

(1) Confirmed, approved, and adopted the report of a special master recommending the denial of a petition of appellants:

(a) To vacate an order of the court entered November 23;

(b) For leave to appellants to file objections to the debtor's report approved November 23;

(c) To require the mortgage trustees and bondholders' committees to account for the income of the property of the debtor from 1925 to the date of the petition;

(2) Overruled appellants' exceptions to the report;

(3) Dismissed the petition of appellants;

(4) Taxed against them all costs of the special reference, fixed at $517.05.

The second order, entered February 25, was the final decree in the proceedings, and (1) confirmed and approved the report of the debtor and the bondholders' committees with respect to the carrying out of the plan of reorganization; (2) reserved jurisdiction over a trust created for the purpose of carrying out the terms of the plan; (3) permanently enjoined all persons having any interest whatever in the old debtor or claims against it from prosecuting such claims in any court against a new corporation created to succeed the debtor; and (4) discharged the debtor from all debts and liabilities.

Petition for appeal from these orders was presented to and allowed by the District Court. Subsequently, within thirty days from the date of entry of the orders from which the appeal was sought, appellants filed their petition in this court praying that the appeal allowed by the District Court be treated and considered as a petition for leave to appeal under section 24(b), Bankr. Act, as amended, 11 U.S.C.A. § 47(b), and that their petition be taken under advisement until the printed record and brief on the main issues in the cause were filed. We declined to permit this circumvention of our rules pertaining to applications for appeal under section 24(b) and denied the petition. In re Kenmore Granville Hotel Company (C.C.A.) 90 F.2d 151.

Appellees have filed motion to dismiss the appeal on the ground that the order of February 3, could only be reviewed by this court on appeal allowed by us under section 24(b), and that the order of February 25, is not appealable by these appellants because they were neither parties nor intervenors at the time of the entry of the decree, and their only assignment of error applicable to it is insufficient to raise the ...


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