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IN RE FLYING W. AIRWAYS, INC.

Nos. 19504, 19505.

442 F.2d 320 (1971)

In the Matter of FLYING W. AIRWAYS, INC., Debtor. Appeal of GIRARD TRUST BANK, Appellant in No. 19504. Appeal of FARMERS BANK OF the STATE OF DELAWARE, Appellant in No. 19505.

United States Court of Appeals, Third Circuit.

Decided May 11, 1971.

Attorney(s) appearing for the Case

Raymond W. Midgett, Jr., Dechert, Price & Rhoads, Philadelphia, Pa. (Owen B. Rhoads, Donald Beckman, Philadelphia, Pa., Henry M. Canby, Martin I. Lubaroff, Richards, Layton & Finger, Wilmington, Del., on the brief), for appellants.

Lewis H. Gold, Adelman & Lavine, Philadelphia, Pa. (Neil G. Epstein, William H. Ewing, Cohen, Spector, Goodman & Epstein, Philadelphia, Pa., on the brief), for appellees.

Before GANEY, VAN DUSEN and GIBBONS, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This is an appeal from a September 25, 1970, order of the United States District Court for the Eastern District of Pennsylvania denying, after a hearing, a secured creditor's motion to vacate a turnover order entered ex parte in a reorganization proceeding under Chapter X of the Bankruptcy Act.1

On September 21, 1970, agents of the appellants, Girard Trust Bank and Farmers...

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