IN RE PEOPLES LOAN & INVESTMENT COMPANY OF FORT SMITH

No. 19567.

410 F.2d 851 (1969)

In the Matter of PEOPLES LOAN & INVESTMENT COMPANY OF FORT SMITH, Debtor. SECURITIES AND EXCHANGE COMMISSION, Appellant, v. PEOPLES LOAN & INVESTMENT COMPANY OF FORT SMITH, Debtor, Creditors' Committee of Peoples Loan and Investment Company, Intervenor.

United States Court of Appeals Eighth Circuit.

April 23, 1969.


Attorney(s) appearing for the Case

Paul Gonson, Asst. Gen. Counsel, S. E. C., Washington, D. C., for appellant; Philip A. Loomis, Jr., Gen. Counsel, David Ferber, Solicitor, J. Kirk Windle, Special Counsel, and Joseph L. Grant, Atty., S. E. C., Chicago, Ill., with him on the briefs.

James W. Gallman, of Ball & Gallman, Fayetteville, Ark., for appellee; E. J. Ball, Fayetteville, Ark., and Franklin Wilder, Fort Smith, Ark., with him on the brief.

Bradley D. Jesson, Fort Smith, Ark., for intervenor, Creditors' Committee for Peoples Loan & Investment Co.

Before GIBSON, LAY and HEANEY, Circuit Judges.


FLOYD R. GIBSON, Circuit Judge.

The Securities and Exchange Commission, pursuant to § 328 of the Bankruptcy Act, 11 U.S.C. § 728 intervened in this Chapter XI Bankruptcy proceeding and moved the District Court for an order dismissing the Chapter XI proceeding unless the petition be amended by the debtor to comply with the requirements of a Chapter X proceeding. The basis of the motion was that only a Chapter X proceeding...

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