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KELLEY v. EVERGLADES DRAINAGE DIST.

No. 10111.

127 F.2d 808 (1942)

KELLEY et al. v. EVERGLADES DRAINAGE DIST.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 2, 1942.

Attorney(s) appearing for the Case

Miller Walton, of Miami, Fla., for appellants.

M. Lewis Hall and Alfred E. Sapp, both of Miami, Fla., John D. McCall and Millard Parkhurst, both of Dallas, Tex., and Louis C. Guidry, of New Orleans, La., for appellee.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

On June 13, 1941, Everglades Drainage District filed its petition seeking confirmation of a plan for the composition of its debts under the provisions of Chapter IX of the Bankruptcy Act, 11 U.S.C.A. § 403. The petition alleged that the District was unable to pay its debts as they matured; that a plan of composition had been prepared, a copy of which was attached to the petition; and that creditors owning more than fifty-one per cent in...

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