Legal Opinion · Dissent

Highland Towers Co. v. Bondholders' Protective Committee of Highland Towers

Court of Appeals for the Sixth Circuit

Decided June 27, 1940No. 8280Published

1DissentSimons, Circuit Judge

As in the case of Metropolitan Holding Co. v. Weadock, 6 Cir., 113 F.2d 207, this day decided, I am unable to agree that decision is compelled by Case et al. v. Los Angeles Lumber Products Co., Ltd., 308 U. S. 106, 60 S.Ct. 1, 84 L.Ed. 110, or persuaded by In re Barclay Park Corp., 2 Cir. 90 F. 2d 595, and as in Whitmore Plaza Corp. et al. v. Smith et al., 6 Cir., 113 F.2d 210, likewise this day decided, I am unable to see any good reason why this court should not consider proposed amendments to the reorganization plan in order to determine whether it is fair and equitable. Logical procedure…

2Cases cited4 opinions

  1. Case v. Los Angeles Lumber Products Co.Supreme Court of the United States · 1939
  2. In Re Barclay Park CorporationCourt of Appeals for the Second Circuit · 1937
  3. Metropolitan Holding Co. v. WeadockCourt of Appeals for the Sixth Circuit · 1940
  4. Whitmore Plaza Corp. v. SmithCourt of Appeals for the Sixth Circuit · 1940

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API