U.S. Court of Appeals for the Second Circuit, 1942

Clark v. Goldman

U.S. Court of Appeals for the Second Circuit · Decided April 15, 1942 · Clark, Frank, Hand

127 F.2d 852; 1942 U.S. App. LEXIS 3992 (Federal Reporter, Second Series)

Counsel

Edward F. Clark and Leonard J. Reynolds, both of New York City, for appellants.

Cases that cite this one

3 later published cases cite this decision.

United States v. American Society Of Composers, Authors And Publishers (2d Cir. 1972)
United States v. American Society of Composers (2d Cir. 1972)
Warren v. Palmer (2d Cir. 1942)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Both the claimants and the creditors’ committee agree that the sum upon which any allowance is to be reckoned should be the share of all non-assenting creditors— secured and unsecured — in any increase in the bid of the creditors’ committee which resulted from the claimants’ efforts. This is obviously the right amount to take as the base; and the district judge will use it in fixing the allowance, if any. Whether the claimants’ efforts did in fact result in any increase in the bid; and if so, how much of that increase should be awarded to the claimants, after taking into consideration what they have already received, are of course for the district court to decide.

The award will come out of funds remaining in the receiver’s hands; we had understood that all the funds had been distributed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.