In re FRANCE & CANADA S. S. CORPORATION

In re FRANCE & CANADA S. S. CORPORATION. (Circuit Court of Appeals, Second Circuit. May 17, 1923.) No. 293. Bankruptcy <§=>391 (3) — Denial of Injunction restraining dispossess proceeding against trustee held in court’s discretion. Denial of injunction restraining landlord from maintaining dispossess proceeding against trustee in .bankruptcy held, to lie in discretion of the District Court. (§=>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the Prance & Canada Steamship Corporation, bankrupt. An order of the referee enjoining the City of New York and the Commissioner of Docks from prosecuting a proceeding to dispossess the trustee under a lease which he had assumed, and denying leave to institute stich proceeding, was reversed by the District Judge, and William S. Thompson, as trustee, brings a petition to revise. Petition dismissed. D. Goldstone and Plaherty, Turner & Strouse, all of New York City (Touis H. Strouse, of New York City, of counsel), for petitioner. George P. Nicholson, óf New York City (Charles J. Nehrbas, of New York City, of counsel), for respondent. Before ROGERS, MANTON, and MAYER, Circuit Judges. [MAJORITY — PER CURIAM.] PER CURIAM. Petition dismissed in open court, on the ground that the matter lies in the discretion of the District Court; this court declining to decide the case on the merits.