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Legal Opinion

In the Matter of D. H. Overmyer, Co., Inc., Debtors-Appellants, and Robert P. Herzog, Receiver-Appellant

Court of Appeals for the Second Circuit

Decided February 5, 1975No. 470, 484, Docket 74-2326, 74-2445PublishedCited by 32 opinions

1Opinion of the Court

HAYS, Circuit Judge:

This appeal concerns 15 warehouse leases held by subsidiaries of the D. H. Overmyer Company. On November 16, 1973, Overmyer and its subsidiaries filed petitions for an arrangement under Chapter XI of the Bankruptcy Act, 11 U.S.C. § 701 et seq. (1970). Upon application by Overmyer’s landlords, Bankruptcy Judge Roy Babitt ordered the termination of the leases in question and the return of possession to the landlords. His orders were affirmed by the United States District Court for the Southern District of New York.

I

Since the business background of this case has already been…

2Cases cited8 opinions

  1. Smith v. Hoboken Railroad, Warehouse & Steamship Connecting Co.Supreme Court of the United States · 1946
  2. Finn v. MeighanSupreme Court of the United States · 1945
  3. In the Matter of Queens Boulevard Wine & Liquor Corp., D/B/A Gold Star Wine & Liquor, Debtor-Appellee v. Anita Blum, Petitioner-Landlord-AppellantsCourt of Appeals for the Second Circuit · 1974
  4. Schokbeton Industries, Inc. v. Schokbeton Products Corp.Court of Appeals for the Fifth Circuit · 1972
  5. Coy L. Weaver and Helen F. Weaver v. Richard M. Hutson, Ii, Trustee of Landmark Inns of Durham, Inc.Court of Appeals for the Fourth Circuit · 1972

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3Cited by32 opinions

  1. Triangle Laboratories, Inc. v. HalvajianCourt of Appeals for the Third Circuit · 1981
  2. Omni International, Ltd. v. Mimi's of Atlanta, Inc. (In Re Mimi's of Atlanta, Inc.)United States Bankruptcy Court, N.D. Georgia · 1980
  3. In Re Tiana Queen Motel, Inc., Todem Homes, Inc., Anthony Demarco, Debtors. A. Illum Hansen, Inc. v. Tiana Queen Motel, Inc., Todem Homes, Inc., Anthony Demarco, Defendants- in Re Petition for Writ of Mandamus. A. Illum Hansen, Inc., Stanley Weisz, Phyllis H. Weisz and Stanley Weisz, P.C. Retirement Plan v. Anthony DemarcoCourt of Appeals for the Second Circuit · 1984
  4. In Re BeckUnited States Bankruptcy Court, D. Hawaii · 1980
  5. Hazen v. Hospitality Associates Inc. (In Re Hospitality Associates Inc.)United States Bankruptcy Court, D. Oregon · 1980

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