Rehearings Denied. 297 U.S. No. 287. Treigl e v. Acme Homest ead Ass'n, 297 U.S. 728 (1936)
297 U.S. 728
US-DOC-27827656
locator
Case details
Citation
297 U.S. 728
Full caption
Rehearings Denied. 297 U.S. No. 287. Treigl e v . Acme Homest ead Assn . ;
Country
United States
Jurisdiction
Federal
Court
Supreme Court of the United States
Decided
Mar. 2, 1936
Rehearings Denied. 297 U.S.
No. 287. Treigl e v . Acme Homest ead Assn . ;
No. 288. Same v . Thrift Homest ead Assn . ;
No. 289. Treig le Sash Factory , Inc . v . Conserva - tive Homes tead Assn . ;
No. 290. Same v . Union Homest ead Assn .; and No. 316. Mitche ll v . Conservati ve Homestead Assn . March 2, 1936. Ante, p. 189.
No. 226. Manhattan General Equipmen t Co . v . Commi ss ioner of Internal Revenue ; and
Nos. 403 and 404. Ash wander et al . v . Tenness ee Valle y Authority et al . March 2, 1936. Ante, p. 288.
Nos. 641 and 642. Tetz ke v . Trust No . 2988. March 2, 1936.
No. 680. Alford , Domicil iary Admini strator , et al . v. Cornell . March 2, 1936.
No. 725. Levell v . Simp son , Warde n . March 2, 1936.
297 U.S. Rehearings Denied.
No. 720. Jeffer son Island Salt Minin g Co ., Inc . et al . v. Louis iana . March 30, 1936. Mr . Just ice Butler took no part in the consideration or decision of this application.
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ORDER.
It is ordered by this Court that George Wharton Pepper, of Philadelphia, Pennsylvania, be, and he hereby is, appointed a member of the Advisory Committee appointed June 3, 1935, to assist the Court in the preparation of a unified system of general rules for. cases in equity and actions at law in the District Courts of the United States and in the Supreme Court of the District of Columbia, in place of George W. Wickersham, deceased.
February 17, 1936.
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AMENDMENT OF RULES.
ORDER
It is ordered by this Court that paragraph 1 of Rule 12 of the Rules of this Court, be amended so as to read as follows:
“1. Upon the presentation of a petition for the allowance of an appeal to this court, from any court, to any judge or justice empowered by law to allow it, there shall be presented by the applicant a separate typewritten statement particularly disclosing the basis upon which it is contended that this court has jurisdiction upon appeal to review the judgment or decree in question. The statement shall refer distinctly (a) to the statutory provision believed to sustain the jurisdiction; (b) to the statute of the state, or statute or treaty of the United States, the validity of which is involved (giving the volume and page where the statute or treaty may be found in the official edition), setting it out verbatim or appropriately summarizing its pertinent provisions; and (c) to the date of judgment or decree sought to be reviewed and the date upon which the application for appeal is presented.
“The statement shall show that the nature of the case and of the rulings of the court was such as to bring the case within the jurisdictional provisions relied on, including a statement of the grounds upon which it is contended the questions involved are substantial (Zucht v. King, 260 U. S. 174, 176, 177), and shall cite the cases believed to sustain the jurisdiction.
“If the appeal is from a state court the statement shall specify the stage in the proceedings in the court of first instance, and in the appellate court, at which, and the manner in which, the federal questions sought to be reviewed were raised; the method of raising them (e. g., p. 734by a pleading, by request to charge and exceptions, by assignment of error); and the way in which they were passed upon by the court; with pertinent quotations of specific portions of the record, or summary thereof, with specific reference to the places in the record where the matter appears (e. g., ruling on exception, portion of the court’s charge and exception thereto, assignment of error), [such] as will support the assertion that the rulings of the court were of a nature to bring the case within the statutory provision believed to confer jurisdiction on this court.
“The applicant shall append to the statement a copy of any opinions delivered upon the rendering of the judgment or decree sought to be reviewed, including earlier opinions in the same case, or opinions in companion cases, reference to which may be necessary to ascertain the grounds of the judgment or decree.
“If the appeal is from an interlocutory decree of a specially constituted District Court of the United States (Judicial Code, sec. 266; U. S. C., Tit. 28, sec. 380), the statement must also include a showing of the matters in which it is claimed that the court has abused its discretion in granting or denying the interlocutory injunction. (Alabama v. United States, 279 U. S. 229.)”
It is further ordered that this amendment shall apply to all petitions for appeals presented on or after July 1, 1936.
March 2, 1936.
AMENDMENT OF BANKRUPTCY RULES.
ORDER.
It is ordered that Rule XLIX of the General Orders in Bankruptcy be, and it hereby is, amended, effective immediately, to read as follows:
XLIX.
PROCEEDINGS UNDER SECTION 77 OF THE ACT.
The following additional rules shall apply to proceedings under section 77 of the Act:
1. Each Circuit Court of Appeals shall cause written notice to be given to the judges of the district courts within the circuit of the names and addresses of the persons from time to time designated and qualified to act as special masters under the provisions of subsection (c) of section 77.
2. The clerk of the district court in which proceedings under section 77 are brought shall forthwith transmit to the Interstate Commerce Commission copies of (a) the answer, if any, of the railroad corporation, or the pleading of any creditor controverting facts alleged in the petition; (b) the order approving or dismissing the petition; (c) any order (1) directing the debtor to give notice and fixing the date of a hearing on the appointment of a trustee or trustees, (2) appointing or removing a trustee, or (3) confirming the appointment of legal counsel for the trustee or trustees, or removing such counsel; (d) any application by a trustee for authority to issue certificates, and any order authorizing such issuance; (e) such schedules and reports as may be submitted by the officers of the corporation or trustees with respect to the conduct of the debtor’s affairs and the fairness of any p. 736proposed plan, and all orders issued to the trustee or trustees with respect to the operation of the corporation’s business, together with the petitions upon which the orders were based; (f) the lists of bondholders, creditors, and stockholders required to be filed under paragraph (4) of subsection (c) of section 77, and any other information concerning the security holders filed pursuant to the order of the court; (g) any order determining the time within which the claims of creditors may be filed or evidenced, the manner in which such claims may be filed or evidenced and allowed, and the division of creditors and stockholders into classes, and any order respecting the exercise of any power by any person or committee representing any creditor or stockholder; (h) any order allowing or rejecting such claims, or extending the time within which they may be filed or evidenced; (i) any order directing the trustee or trustees to report facts pertaining to irregularities, fraud, misconduct, or mismanagement, and any report made pursuant to such order; (j) any order directing the debtor or the trustee or trustees to keep records and accounts, in addition to those prescribed by the commission, for the segregation and allocation of earnings and expense; (k) any order approving the special employment of assistants requested by the commission; (1) any application for allowances of compensation and expenses under the provisions of paragraphs (2) and (12) of subsection (c) of section 77, upon receipt of which the commission shall determine the maximum limits of such allowances and file with the court its report and order thereon, and any order making allowances for compensation and expenses under said paragraphs; (m) any order issued upon the petition of the commission for the reference of particular matters to a special master, and the report of such master thereon; (n) any order allowing interested parties to intervene in the proceedings, any minute of appearance by a person other than interveners, and any rule defining matters upon which notice shall be given to other than p. 737interveners; (o) any order extending the time for filing a plan; (p) any motion to dismiss the proceedings because of undue delay in a reasonably expeditious reorganization of the debtor, and notice of any hearing with reference to dismissing the proceedings for such cause; (q) any notice of the time within which parties in interest may file with the court objections to the plan approved by the commission, and any objection to such plan and any claim for equitable treatment filed by a party in interest; (r) any order affirming a finding of the commission affecting the requirement that the plan be submitted to creditors or stockholders as provided in the second paragraph of subsection (e) of section 77; (s) any order entered on the disapproval of the plan, and the judge’s opinion stating his conclusions and reasons for such disapproval; (t) if the plan is not confirmed, the order, with the judge’s opinion stating his conclusions and reasons therefor, dismissing the proceedings or referring the case back to the commission for further proceedings, and, if the case is referred back to the commission, a copy of the evidence received in any hearings with reference to confirmation; (u) the order confirming the plan, with the judge’s opinion stating his conclusions and reasons therefor, and any order directing the transfer or other disposition of the property;, (v) the final decree; and (w) such other papers filed in the proceedings as the commission may request of the clerk or the court may direct him to transmit. All papers filed with the court shall have attached thereto such copies as the clerk may require in carrying out this general order.
3. The commission shall forthwith cause to be filed in the district court having jurisdiction of the proceedings, copies of (a) any order ratifying the appointment of a trustee or trustees; (b) each report and order authorizing the issue of trustees’ certificates; (c) each order or call for a hearing, with a statement of its purposes; (d) each plan of reorganization, other than the debtor’s, filed with the commission; (e) any report finding a plan to
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be prima facie impracticable; (f) any order refusing to approve a plan, together with the commission’s report stating fully the reasons for its conclusions; (g) any petition for further hearing on a plan, and any supplemental1 order modifying any plan, together with the report stating the reasons for such modification; (h) the written acceptances of any plan which is finally approved; (i) any order granting authority for the issuance of securities or for other steps contemplated by the plan; (j) any order issued to the trustee or trustees with respect to the operation of the corporation’s business; (k) any order issued under the provisions of subsection (p) of section 77 authorizing the solicitation, use, employment or action under or pursuant to proxies, authorizations, or deposit agreements; and (1) such other papers filed in the proceedings as the court may direct or the commission deem pertinent. All proceedings before the commission under section 77 shall be conducted in accordance with its rules of practice and such special instructions, rules, and regulations as it may issue pursuant to the provisions of said section.
4. All process to be served outside of the district in which proceedings under section 77 are pending shall be returnable at such time as the judge shall determine, and shall be directed to and served by the United States marshal for the district in which service is to be effected.
March 30, 1936.