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IN RE OHIO BUILDERS & MILLING

No. 9016.

128 F.2d 165 (1942)

In re OHIO BUILDERS & MILLING, Inc. JONES v. The WAYNESBURG BANK.

Circuit Court of Appeals, Sixth Circuit.

May 18, 1942.

Attorney(s) appearing for the Case

Maurice Wendling, of Canton, Ohio, for appellant.

Charles S. Weintraub, of Canton, Ohio (Charles S. Weintraub and Harvey H. Creighton, both of Canton, Ohio, on the brief), for appellee.

Before SIMONS and McALLISTER, Circuit Judges, and SWINFORD, District Judge.

SWINFORD, District Judge.

Ohio Builders & Milling, Incorporated, instituted proceedings under the provisions of Chapter XI of the Act of Congress relating to bankruptcy and known as the Chandler Act. Bankruptcy Act, § 301 et seq., 11 U.S.C.A. § 701 et seq. On November 28, 1939, an order was entered finally confirming the arrangement. The plan contained the following provision: "The claims of the United States shall have the same priority and preference...

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