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IN RE AIR AND SPACE MANUFACTURING, INC.

No. 16709.

394 F.2d 900 (1968)

In the Matter of AIR AND SPACE MANUFACTURING, INC., Debtor. Kenneth K. IRVING and Ralph D. Irving, Appellants, v. Homer E. CAPEHART, Trustee in Reorganization, Appellee.

United States Court of Appeals Seventh Circuit.

April 29, 1968.

Attorney(s) appearing for the Case

Frank E. Gilkison, Jr., Muncie, Ind., John R. Carr, Jr., Donald A. Schabel, Indianapolis, Ind., for appellants, White, Haymond, Pierce, Beasley & Gilkison, Muncie, Ind., Buschmann, Carr & Schabel, Indianapolis, Ind., of counsel.

Alan I. Klineman, Indianapolis, Ind., for debtor.

Homer Earl Capehart, Jr., Klineman, Rose & Wolf, Krieg, DeVault, Alexander & Capehart, Indianapolis, Ind., for appellee.

Before DUFFY, Senior Circuit Judge, and SCHNACKENBERG and FAIRCHILD, Circuit Judges.

DUFFY, Senior Circuit Judge.

A motion by the trustee to dismiss the appeal was taken with the case. We deny the motion to dismiss and proceed to consider the case on the merits.

On March 21, 1967, a petition for a reorganization of Air and Space Manufacturing, Inc. under Chapter X of the Bankruptcy Act, was filed in the District Court by three of its creditors. On April 7, 1967, the petition was approved by the Court as properly filed, and Homer E. Capehart...

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