Legal Opinion
In Re J. P. Linahan, Inc.
Court of Appeals for the Second Circuit
Decided May 6, 1940No. 335PublishedCited by 28 opinions
1Opinion of the Court
PATTERSON, Circuit Judge.
The question is whether the district court in a proceeding under Chapter X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq., was right in denying a stockholder’s motion for leave to hold an annual meeting of the stockholders of the debtor for election of directors and in also granting a stay of a special meeting of stockholders.
A petition for reorganization of J. P. Linahan, Inc., was filed by three creditors. It was averred that the debtor was insolvent or unable to pay debts as they matured, that it had committed an act of bankruptcy, and that adequate relief could…
2Cases cited3 opinions
- In Re Bush Terminal Co.Court of Appeals for the Second Circuit · 1935
- O'Gara v. New York Cent. R.Court of Appeals for the Seventh Circuit · 1919
- Taylor v. Philadelphia & Reading R.United States Circuit Court · 1881
3Cited by28 opinions
- In Re J. P. Linahan, Inc.Court of Appeals for the Second Circuit · 1943
- Manville Corp. v. Equity Security Holders Committee (In re Johns-Manville Corp.)Court of Appeals for the Second Circuit · 1986
- Official Bondholders Committee v. Chase Manhatten Bank (In Re Marvel Entertainment Group, Inc.)District Court, D. Delaware · 1997
- In the Matter of Gaslight Club, Inc., Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1986
- Manville Corp. v. Equity Security Holders Committee (In Re Johns-Manville Corp.)United States Bankruptcy Court, S.D. New York · 1985
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