Louis Brandeis, National Surety Company v. Coriell…
“ The respondents insist that the District Court had power to compel participation in the reorganization without the alternative of a share of the assets in cash; and that even if the District Court lacked that power, the modification of the decree by the Circuit Court of Appeals gave full protection to the rights of the dissenting creditors. We have no occasion to pass upon any of these contentions, [2] for we are of opinion that the decree approving the plan should have been reversed in its entirety because the procedure pursued by the District Court was improper. ”
