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IN RE PATTON MANUFACTURING COMPANY

Nos. 18425, 18426.

413 F.2d 1258 (1969)

In the Matter of PATTON MANUFACTURING COMPANY, Debtor. The FIRST NATIONAL BANK OF CINCINNATI, Caribbean Container Company, the Chatfield Paper Corporation, Chemineer, Inc., Joseph G. Donohoo, the Mead Corporation, Smith & Schnacke, and Touche, Ross, Bailey & Smart, Plaintiffs-Appellants, v. Everett W. KIMBERLING, Trustee in Bankruptcy for Patton Manufacturing Company, Bankrupt, Defendant-Appellee. PATTON MANUFACTURING COMPANY, G. L. P., Inc., Patton Manufacturing Company, Inc., and Juno, Inc. (the corporate name now changed to One Um, Inc.), Plaintiffs-Appellants, v. Everett W. KIMBERLING, Trustee in Bankruptcy for Patton Manufacturing Company, Bankrupt, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

July 1, 1969.

Attorney(s) appearing for the Case

Ford Ekey, Dayton, Ohio (Ford W. Ekey, Smith & Schnacke, Dayton, Ohio, on the brief), for appellants, First National Bank and others.

Gary L. Blum, New York City (Carl Morgenstern, Hamilton, Ohio, Sydney B. Levy, Levy, Levy & Ruback, New York City, on the brief), for appellants, Patton Mfg. Co. and others.

Paul D. Malina, Springfield, Ohio (Jack F. Pickrel, Pickrel, Schaeffer & Ebeling, Dayton, Ohio, Thomas E. Hackett, Hackett & Malina, Springfield, Ohio, on the brief), for appellee.

Before PHILLIPS, EDWARDS and COMBS, Circuit Judges.

EDWARDS, Circuit Judge.

This is an appeal from an order dated March 8, 1966, entered by a Referee in Bankruptcy and affirmed by a United States District Judge on March 28, 1967. The order complained of found that a plan of arrangement originally proposed by the debtor, Patton Manufacturing Company, had not been fully carried out. It adjudicated the debtor corporation to be bankrupt and ordered further proceedings to protect creditors under the terms of the Bankruptcy...

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