IN RE FOUR SEASONS NURSING CENTERS OF AMERICA, INC.

No. 72-1475.

472 F.2d 744 (1972)

In the Matter of FOUR SEASONS NURSING CENTERS OF AMERICA, INC., and Four Seasons Franchise Centers, Inc.

United States Court of Appeals, Tenth Circuit.

December 19, 1972.


Attorney(s) appearing for the Case

E. W. Keller, Oklahoma City, Okl. (Jackie L. Ashurst and Preston, Thorgrimson, Starin, Ellis & Holman, Seattle, Wash., on the brief), for Valley Building Corp. and Lambuth, Sill & Sprague, Inc., respondents-appellants.

Donald R. Wilson, Oklahoma City, Okl. (John A. Johnson, Oklahoma City, Okl., on the brief), for James R. Tolbert, III, Reorganization Trustee, appellee.

Before BREITENSTEIN, HOLLOWAY and DOYLE, Circuit Judges.


BREITENSTEIN, Circuit Judge.

In this appeal we are concerned with a Chapter X reorganization affecting Four Seasons Franchise Centers, Inc. The district court in summary proceedings ordered respondents Valley Building Corporation and Lambuth, Sill & Sprague, Inc., to turn over to the trustee $5,000 which they had received from an escrow agent.

In February, 1970, Franchise executed an "Earnest Money Receipt and Agreement" relating to its purchase of property...

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