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IN RE FULLER CLEANING & DYEING CO.

No. 8724.

118 F.2d 978 (1941)

In re FULLER CLEANING & DYEING CO. PRIOR et al. v. DAUS et al.

Circuit Court of Appeals, Sixth Circuit.

April 10, 1941.

Attorney(s) appearing for the Case

Dorr E. Warner, of Cleveland, Ohio, for appellants.

Robert I. Kopper, of Cleveland, Ohio (Benesch, Marsteller, Friedlander & Morris Miller, Daus & Schwenger, and Robert I. Kopper, all of Cleveland, Ohio, on the brief), for appellees.

Before HICKS, ALLEN, and MARTIN, Circuit Judges.

HICKS, Circuit Judge.

Appeal by a Committee of Depositing Bondholders, herein called the Prior Committee, and Prior and Hitz, individual owners of deposited bonds, of the Fuller Cleaning & Dyeing Company, from a decree of the District Court confirming a plan of reorganization of the corporation under Sec. 77B of the Bankruptcy Act, 11 U.S.C.A. § 207.

Two questions are presented: (1) whether the plan discriminates unfairly against depositing bondholders...

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