Legal Opinion

Mokava Corporation v. Dolan

Court of Appeals for the Second Circuit

Decided January 2, 1945No. 132PublishedCited by 12 opinions

1Opinion of the Court

FRANK, Circuit Judge.

1. The lumping together, in one class, No. 7, of the two first mortgages was erroneous. 4 That order was entered when the present plan was not before the court. We need not, therefore, consider whether a failure to appeal from a classification order, entered when a plan is before the court, precludes a later appeal from the order approving a plan, challenging the fairness of that plan, which raises the validity of the classification order. The error here was aggravated when the court approved a plan according- very substantially different treatment to the two mortgages.

The…

2Cases cited3 opinions

  1. Case v. Los Angeles Lumber Products Co.Supreme Court of the United States · 1939
  2. Group of Institutional Investors v. Chicago, M., St. P. & P.R. Co., and 9 Other CasesSupreme Court of the United States · 1943
  3. Ecker v. Western Pacific R. Corp.Supreme Court of the United States · 1943

3Cited by12 opinions

  1. In Re Commercial Western Finance Corporation, a California Corporation, Debtor. Bernard J. Brady and Paul L. Disderdick v. Paul B. Andrew, Trustee, Frank B. Amsbaugh v. Paul B. Andrew, Bailey Toplin, Parties-In-Interest v. Commercial Western Finance Corp., Debtor-Appellant. Raymond E. Brooks, Claimants-Appellants v. Paul B. Andrew, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1985
  2. John Hancock Mutual Life Insurance Company v. Route 37 Business Park AssociatesCourt of Appeals for the Third Circuit · 1993
  3. Lorraine Castle Apartments Bldg. Corp. v. MacHiewichCourt of Appeals for the Seventh Circuit · 1945
  4. In Re PR Holding CorporationCourt of Appeals for the Second Circuit · 1945
  5. Matter of Executive Office Centers, Inc.United States Bankruptcy Court, E.D. Louisiana · 1988

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