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LOYD v. STEWART & NUSS, INC.

No. 18552.

327 F.2d 642 (1964)

Milton LOYD, and Mid-State Trucking Service, a corporation, Appellants, v. STEWART & NUSS, INC., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

January 30, 1964.

Attorney(s) appearing for the Case

Philip C. Fullerton and Frank H. Lang, Jr., Fresno, Cal., for appellants.

Enright, Elliott & Betz, Joseph T. Enright, Norman Elliott, and Bill B. Betz, Los Angeles, Cal., for appellee.

Hillyer, Crake & Irwin, San Diego, Cal., on behalf of Richard Crake, San Diego, Cal., as amicus curiae.

Lerrigo, Thuesen & Thompson, Fresno, Cal., on behalf of Frank C. Lerrigo as amicus curiae.

Before BARNES and MERRILL, Circuit Judges, and WEIGEL, District Judge.

MERRILL, Circuit Judge.

This appeal challenges the jurisdiction of the Bankruptcy Court to determine, in a summary proceeding, the disputed right of appellee as debtor under chapter 11 of the Bankruptcy Act to lay claim to a fund not in its possession.

Appellee, as debtor, has proposed a plan of arrangement for the satisfaction of its debts under chapter 11 (11 U.S.C. § 701 et seq.). On June 20, 1960, the District Court in Bankruptcy entered its order...

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