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AVERY v. FISCHER

No. 22595.

360 F.2d 719 (1966)

Lawrence N. AVERY and D. L. Stoy, Creditors, Appellants, v. Charles R. FISCHER, Trustee in Bankruptcy for Equitable Enterprises, Inc., Debtor, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 8, 1966.

Attorney(s) appearing for the Case

Robert L. King, Tampa, Fla., for appellants.

J. R. Trinkle, Jr., Tampa, Fla., Allen, Dell, Frank & Trinkle, Tampa, Fla., of counsel, for appellee.

Before PHILLIPS, JONES and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

The question here is whether the previous timely filing of a creditor's claim in a Chapter XI proceeding for an arrangement constitutes a filing within the time prescribed in the Judge's subsequent order under § 196, 11 U.S.C.A. § 596, upon the proceeding being transmuted into one under Chapter X for corporate reorganization. The District Court held in the negative. Rejecting the claims of appellants as not timely filed and...

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