Legal Opinion
Securities & Exchange Commission v. Canandaigua Enterprises Corp.
Court of Appeals for the Second Circuit
Decided November 18, 1964No. 102, Docket 29012PublishedCited by 3 opinions
1Opinion of the Court
FRIENDLY, Circuit Judge:
This appeal by the Securities and Exchange Commission, like that in Grayson-Robinson Stores, Inc. v. SEC, 320 F.2d 940 (2 Cir.1963), brings before us an order denying a motion under § 328 of the Bankruptcy Act to dismiss proceedings under Chapter XI unless the debtors’ petition were amended, or a creditors’ petition filed, to seek relief under Chapter X. Despite our reluctance to interfere with the wishes of the persons whose money is at stake, we are here constrained to direct that the SEC’s motion be granted.
Canandaigua Enterprises Corporation and its 99%' owned…
2Cases cited7 opinions
- Case v. Los Angeles Lumber Products Co.Supreme Court of the United States · 1939
- Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940
- Northern Pacific Railway Co. v. BoydSupreme Court of the United States · 1913
- General Stores Corp. v. ShlenskySupreme Court of the United States · 1956
- Grayson-Robinson Stores, Inc., Debtor-Appellee v. Securities and Exchange CommissionCourt of Appeals for the Second Circuit · 1963
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3Cited by3 opinions
- In Re Arlan's Department Stores, Inc.District Court, S.D. New York · 1974
- In re Manufacturers' Credit Corp.District Court, D. New Jersey · 1968
- Securities and Exchange Commission v. Canandaigua Enterprises Corporation, Debtor-Appellee. Securities and Exchange Commission v. Finger Lakes Racing Association, Inc., Debtor-AppelleeCourt of Appeals for the Second Circuit · 1964