Pacific Cement and Aggregates, Inc. v. California Bank, Bank of America N.T. & S.A., and Crocker-Anglo National Bank

On October 31, 1934, Pacific Cement and Aggregates, Inc., appellant, filed its petition and Plan of Reorganization under former Section 77B of the Bankruptcy Act, 48 Stat. 912 , 11 U.S.C.A. § 207 (1934). Thereafter, on December 17, 1934, the District Court for the Northern District of California, Southern Division, entered its Order confirming the Plan of Reorganization, and on March 23, 1936, entered its Final Decree in the proceeding.

On March 26, 1958, appellant filed a “Notice of Motion for Order to Effectuate and Protect the Final Decree.” On June 11, 1958, the District Court entered an order denying this motion and later denied a motion for rehearing. The District Court had jurisdiction to entertain the motion under Shores v. Hendy Realization Co., 9 Cir., 1943, 133 F.2d 738 , and this court has jurisdiction of the timely appeal under 28 U.S.C.A. § 1291 .

The appellees are Crocker-Anglo National Bank (formerly known as The Anglo California National Bank of San Francisco), California Bank (formerly known as California Trust Company) and Bank of America National Trust & Sav ings Association. The appellees will be referred to as “Anglo Bank,” “California Bank” and “Bank of…