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IN RE SCHOKBETON INDUSTRIES

No. 71-2629.

449 F.2d 321 (1971)

In the Matter of SCHOKBETON INDUSTRIES, Debtor. ARCRETE, INC., Appellant, v. SCHOKBETON PRODUCTS CORPORATION, Appellee.

United States Court of Appeals, Fifth Circuit.

September 27, 1971.

Attorney(s) appearing for the Case

Edmund L. Cogburn, Houston, Tex., Jerry Bain, Tyler, Tex., Melvin A. Dow, Houston, Tex., for appellant.

Charles F. Potter, Tyler, Tex., Wyatt Haskell, Birmingham, Ala., Roby Hadden, U. S. Atty., Tyler, Tex., for appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

BY THE COURT:

Schokbeton Industries, Inc. (hereinafter Industries), a debtor-in-possession in a proceeding under Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq. (1970), and Arcrete, Inc., a third party who has proposed to invest new capital in the debtor corporation under a Plan of Arrangement which has been confirmed by the Referee in Bankruptcy, have applied to this Court for an injunction pending an appeal...

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