Engelhardt v. Hermitage Bldg. Corp.

SPARKS, Circuit Judge.

In this appeal it is sought to reverse an injunctive order of the District Court, growing out of a reorganization proceeding under section 77B of the Bankruptcy Act, 11 U.S.C.A. § 207. The order restrained appellant, as an original common stockholder of the debtor, from instituting or prosecuting any action in any court against the debtor based or founded upon appellant’s stock, and from enforcing in any manner any right or power arising out of the terms of the approved plan of reorganization, without first obtaining permission of the District Court.

The debtor filed its…