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IN RE AMERICAN MAGNESIUM COMPANY

No. 73-1479.

488 F.2d 147 (1974)

In the Matter of AMERICAN MAGNESIUM COMPANY, Debtor. OZARK-MAHONING COMPANY, Appellee, v. AMERICAN MAGNESIUM COMPANY, Debtor, Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 14, 1974.

Attorney(s) appearing for the Case

James L. Kincaid, Lynnwood R. Moore, Jr., Tulsa, Okl., Joe V. Boerner, Jr., Lubbock, Tex., for appellant.

Harold P. Brown, Charles B. Jones, Lubbock, Tex., for appellee.

Before GEWIN, AINSWORTH and MORGAN, Circuit Judges.

January 14, 1974. Rehearing and Rehearing En Banc Denied March 14, 1974.

LEWIS R. MORGAN, Circuit Judge:

PROCEDURAL HISTORY

American Magnesium1 filed a petition requesting institution of proceedings for an arrangement under Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 1 et seq. After proper notice was given, a confirmation hearing was held. One creditor, Ozark-Mahoning...

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