O'Gara v. New York Cent. R.
Court of Appeals for the Seventh Circuit
Appeal from and Petition to Review and Revise Order of the Dis - trict Court of the United States for the Eastern Division of the Northern District of Illinois. In the matter of the O’Gara Coal Company, bankrupt. An agreement for settlement of claims and distribution of assets, assented to by the New York Central Railroad Company and others, was approved by the court, and Thomas J. O’Gara appeals and petitions to review and revise the order approving the agreement.
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Appeal from and Petition to Review and Revise Order of the Dis - trict Court of the United States for the Eastern Division of the Northern District of Illinois. In the matter of the O’Gara Coal Company, bankrupt. An agreement for settlement of claims and distribution of assets, assented to by the New York Central Railroad Company and others, was approved by the court, and Thomas J. O’Gara appeals and petitions to review and revise the order approving the agreement. The O’Gara Coal Company, a New York corporation, was duly adjudged a bankrupt October 3, 1013, owing at such time about $510,000…
1Opinion of the CourtEvans, Circuit Judge
(after stating the facts as above). [1] Appellant-sought to review this order, both by Way of appeal and by a petition to review and revise. Appellees insist that the remedy is solely by petition to review and revise, and that on such application O’Gara is barred from a consideration of the questions presented because of the record, which included the findings of fact made by the District Court, a part of which has been quoted.
We are convinced that, notwithstanding the matter was brought to the attention'of the court by the petition of creditors, the proceeding was in the nature of a…
2Cases cited2 opinions
- Graselli Chemical Co. v. Ætna Explosives Co.Court of Appeals for the Second Circuit · 1918
- Tallcott v. FriendCourt of Appeals for the Seventh Circuit · 1905
3Cited by11 opinions
- In Re J. P. Linahan, Inc.Court of Appeals for the Second Circuit · 1940
- In Re Bush Terminal Co.Court of Appeals for the Second Circuit · 1935
- In Re BrannerCourt of Appeals for the Second Circuit · 1925
- In Re O'Gara Coal Co.Court of Appeals for the Seventh Circuit · 1926
- In Re Town Crier Bottling Co.District Court, E.D. Missouri · 1954
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