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ACME TOOL, INCORPORATED v. FLESHER

No. 7077.

309 F.2d 636 (1962)

ACME TOOL, INCORPORATED, Appellant, v. Cranston W. FLESHER, Trustee of Rogers-Fain Drilling Company, a co-partnership, Appellee. In the Matter of ROGERS-FAIN DRILLING COMPANY, a co-partnership, Debtor.

United States Court of Appeals Tenth Circuit.

October 15, 1962.

Attorney(s) appearing for the Case

Eugene P. Ledbetter, Jr., Oklahoma City, Okl., for appellant.

John B. Dudley, Jr., Oklahoma City, Okl., for appellee.

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Rogers-Fain Drilling Company, an Oklahoma partnership, filed a voluntary petition for an arrangement under Chapter 12 of the Bankruptcy Act1 and an arrangement was accepted and confirmed. The individual partners were not parties to the Chapter 12 proceedings. Acme Tool, Incorporated, and other creditors objected to the following portion of the order of confirmation:

"IT IS FURTHER ORDERED AND DECREED...

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