Opinion · Court of Appeals for the Second Circuit
In re J. P. Linahan, Inc.
In re J. P. Linahan, Inc., 146 F.2d 999 (2d Cir. 1945)
- Type
- Opinion
- Court
- Court of Appeals for the Second Circuit
- Jurisdiction
- Federal
- Date
- 1945-01-22
- Topic
- general
PER CURIAM. Appeal dismissed on the authority of In re Hotel Governor Clinton, Inc., 2 Cir., 107 F.2d 398.
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IN RE J.P. LINAHAN, INC.,146 F.2d 999(2nd Cir. 1945)
In re J.P. LINAHAN, Inc. Appeal of NAHANIL REALTY CORPORATION.
No. 202.
Circuit Court of Appeals, Second Circuit.
January 22, 1945.
Proceeding for the reorganization of J.P. Linahan, Inc., a debtor in possession. From two orders of the District Court for the Southern District of New York, the Nahanil Realty Corporation, appearing specially, appeals.
Appeal dismissed.
See also138 F.2d 650.
The first order appealed from denied a motion of the appellant, appearing specially, for an order restraining a special master from continuing the hearing on the reference to hear and report on a petition by the debtor to vacate a previous order by the court fixing the temporary rental of premises occupied by the debtor under a lease from the appellant which had expired. The petition was based upon allegations under which the debtor claimed to be the beneficial owner of the premises entitled to the income therefrom and to use and occupancy thereto without payment of rent.
The second order appealed from confirmed an interim report of the master recommending that decision upon a motion by the appellant to dismiss the petition on the ground that it failed to state legally sufficient grounds upon which relief could be granted be deferred until the completion of the hearings.
Edward Robinson, Jr., of Oyster, Bay, L.I., N.Y., for debtor in possession.
Raymond J. Scully, of New York City, for petitioning creditors.
Trachman Krosner, of New York City (Harry Robinson, of Oyster Bay, L.I., N.Y., and Raymond J. Scully and Irving R. Krosner, both of New York City, of counsel), for Anna Louise Linahan, individually, etc., appellees.
Before CHASE, HUTCHESON, and FRANK, Circuit Judges.