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MEMORIAL GARDENS OF WASATCH v. EVERETT VINSON & ASSOC.

No. 5903.

264 F.2d 282 (1959)

MEMORIAL GARDENS OF THE WASATCH, INC., a corporation, Appellant, v. EVERETT VINSON AND ASSOCIATES, John A. Pace, Blaine V. Glasmann, Jr., and Paul Thatcher, Appellees. In the Matter of Memorial Gardens of the Wasatch, Inc., a corporation, Debtor.

United States Court of Appeals Tenth Circuit.

February 19, 1959.

Attorney(s) appearing for the Case

Warwick C. Lamoreaux, Salt Lake City, Utah (Jess B. Hawley, Jr., Boise, Idaho, was with him on the brief), for appellant.

Donald C. McKinlay, Denver, Colo. (Holme, Roberts, More & Owen, Denver, Colo., and Paul Thatcher, Ogden, Utah, were with him on the brief), for appellees.

Before HUXMAN, MURRAH and BREITENSTEIN, Circuit Judges.

HUXMAN, Circuit Judge.

This appeal challenges the correctness of the judgment of the trial court dismissing a reorganization proceeding instituted by the debtor corporation, Memorial Gardens of the Wasatch, Inc. (herein called the corporation) under Chapter X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq. The petition for reorganization was filed by D. J. Dhority as president of the corporation. An order approving the filing of the petition was entered. Thereafter...

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