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JANAF SHOPPING CENTER, INC. v. CHASE MANHATTAN BANK

No. 8187.

282 F.2d 211 (1960)

JANAF SHOPPING CENTER, INCORPORATED, Appellant, v. CHASE MANHATTAN BANK and William P. Dickson, Jr., Trustee, Appellees.

United States Court of Appeals Fourth Circuit.

Decided August 10, 1960.

Opinion Filed August 20, 1960.

Attorney(s) appearing for the Case

Joseph V. Gartlan, Jr., and Leonard S. Melrod, Washington, D. C. (Robert H. Winn, Friedlander & Melrod, and David G. Bress, Washington, D. C., on the brief), for appellant.

Robert R. MacMillan, Norfolk, Va., and George E. Lees, New York City (Breeden, Howard & MacMillan, Norfolk, Va., and Dewey, Ballentine, Bushby, Palmer & Wood, New York City, on the brief), for appellee Chase Manhattan Bank.

Thomas H. Willcox, Jr., Norfolk, Va., for appellee William P. Dickson, Jr., trustee.

Joseph G. Dooley, Washington, D. C., for Victor J. Orsinger, applicant for intervention.

Irving R. M. Panzer, Washington, D. C., for Shopping Centers Const. Inc., applicant for intervention.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and CHESNUT, District Judge.

SOBELOFF, Chief Judge.

A petition of Janaf Shopping Center, Inc., for reorganization under Chapter X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq., was dismissed by the District Court for the Eastern District of Virginia, at Norfolk. The dismissal was upon motion of Chase Manhattan Bank, a creditor of Janaf holding a deed of trust on the latter's property. The court's action, taken on July 29, 1960, was grounded upon its conclusion that the petition was not...

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