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FIRST NAT. BANK OF HERKIMER v. POLAND UNION

No. 196.

109 F.2d 54 (1940)

FIRST NAT. BANK OF HERKIMER v. POLAND UNION.

Circuit Court of Appeals, Second Circuit.

January 8, 1940.

Attorney(s) appearing for the Case

James P. O'Donnell, of Herkimer, N. Y., for creditor-appellee.

Leonard W. Ferris, of Utica, N. Y., for debtor-appellant.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This appeal brings before us the plan of reorganization for Poland Union, a coöperative general store, which filed a voluntary 77B petition in 1935. 11 U.S.C.A. § 207. The District Court refused to confirm the plan, and the debtor appeals.

Poland Union was established by 123 citizens of Poland, New York, in 1926. The farmers, merchants, and bankers of the vicinity signed articles of association which recite that "This Association...

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