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WACHOVIA BANK AND TRUST COMPANY v. DAMERON

No. 12472.

406 F.2d 803 (1969)

WACHOVIA BANK AND TRUST COMPANY, Appellant, v. Charles E. DAMERON, III, Trustee of the Estate of Cabana Club Apartments, Inc., Appellee. In the Matter of CABANA CLUB APARTMENTS, INC., Debtor.

United States Court of Appeals Fourth Circuit.

Decided February 5, 1969.

Attorney(s) appearing for the Case

Hubert Humphrey, Greensboro, N. C. (McLendon, Brim, Brooks, Pierce & Daniels, Greensboro, N. C., on brief), for appellant.

Arthur O. Cooke, Greensboro, N. C. (Cooke & Cooke, Greensboro, N. C., on brief), for appellee.

Before SOBELOFF, WINTER and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

Wachovia Bank & Trust Co. appeals from an order of the district court denying its motion to dismiss a petition for reorganization under Chapter X of the Bankruptcy Act [11 U.S.C. § 501 et seq.] filed by Cabana Club Apartments, Inc. The appeal raises the narrow issue of whether the debtor's petition complied with Chapter X and was filed in good faith within the meaning of § 146(3) and (4) of the Act [11 U.S.C. § 546(3) and...

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