D.C., 53 F.Supp. 734. The questions arising as a result of the Petition of the Pringle Coal Company are clearly within the jurisdiction of this Court.
As to whether the taxes here involved were paid in full to the Reconstruction Finance Corporation for payment to the Collector of Internal Revenue we have only the averment of the Debtor. If these taxes were not paid, and as they now amount to a sum in excess of $ 50,000, then it will probably be necessary to determine that the plan cannot be consummated, in which case it will be the duty of the Court to enter an order dismissing the proceeding and directing that the bankruptcy be proceeded with. Section 236, Bankruptcy Act, 11 U.S.C.A. § 636. To determine the question as to whether the plan can be consummated will require the taking of testimony and the finding of relevant facts. In the meantime, the royalties due and to become due from the Pringle Coal Company to the East Boston Coal Company should be paid into the Registry Fund of this Court, and an appropriate injunction should issue to protect the property and assets of the Debtor pending the disposition of the question as to whether the reorganization proceeding should be dismissed and the bankruptcy be proceed with.
An appropriate order will be filed herewith.
Now, January 7, 1949, it is ordered. adjudged, and decreed as follows:
1. That the Pringle Coal Company be, and it is hereby, directed to pay promptly into the Registry Fund of the Court all sums of money due and to become due to the East Boston Coal Company from it on account of coal royalties under a certain coal lease referred to in the petition of the Pringle Coal Company, filed December 13, 1948, until further order of this Court.
2. That, subject to the provisions of Paragraph 1 of this order, and pending the disposition by the Court of the question as to whether the reorganization proceeding should be dismissed and the bankruptcy proceeded with, all creditors and stockholders of the Debtor and all persons claiming or acting by, through, or under them, or any of them, and all sheriffs, marshals, and other officers and their agents and representatives, and all other parties whomsoever, are hereby severally restrained and enjoined from instituting or continuing to prosecute, without leave of this Court first had and obtained, any actions, suits or proceedings in law, in equity or under any statute against the Debtor, or against or involving any of its properties, assets, and business, or from levying or causing to be levied any attachment, execution or other process against any of said properties, assets and business, and from taking or attempting to take into their possession, any of said properties, assets and business, or from in any way interfering with the custody, possession, use and enjoyment thereof by the Debtor.
3. That the East Boston Coal Company, Debtor, show cause before Albert H. Aston, to whom this matter is referred as Referee and Special Master, on the 24th day of January, 1949, at 11:00 o'clock a.m. in the Federal Court Room, Post Office Building, Wilkes Barre, Pennsylvania, why its Petition for Reorganization should not be dismissed and an order entered directing that the bankruptcy be proceeded with; said Referee and Special Master to take such testimony as necessary, make findings of fact and conclusions of law, and report the same together with his recommendations to this Court.
4. That a true copy of this order be mailed to the East Boston Coal Company, the Collector of Internal Revenue for the 12th District of Pennsylvania, the Pringle Coal Company, the Reconstruction Finance Corporation, John C. MacCartney, and to each interested party.
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