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OUERBACKER v. HENDERSON COUNTY

No. 4886.

126 F.2d 309 (1942)

OUERBACKER v. HENDERSON COUNTY.

Circuit Court of Appeals, Fourth Circuit.

February 23, 1942.

Attorney(s) appearing for the Case

W. P. Sandridge, of Winston-Salem, N. C., and Richard M. Maxwell, of Atlanta, Ga. (Manly Hendren & Womble, of Winston-Salem, N. C., on the brief), for appellant.

Thomas H. Franks, of Hendersonville, N. C. (M. M. Redden, of Hendersonville, N. C., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

On May 27, 1941, Henderson County, North Carolina, filed a petition in the District Court alleging that it was unable to pay its debts as they matured and therefore desired to effect a composition with its creditors under Chapter 9 of the Bankruptcy Act, 11 U.S.C.A. § 401 et seq., in conformity with a plan submitted with the petition. No objection was made by any one save Mrs. Emma A. Ouerbacker, who owned less than one per cent of the indebtedness...

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