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WACHOVIA BANK AND TRUST COMPANY v. HARRIS

No. 71-1441.

455 F.2d 841 (1972)

WACHOVIA BANK AND TRUST COMPANY, Appellant, v. R. Kennedy HARRIS, Trustee of the Estate of Cabana Club Apartments, Inc., Appellee. In the Matter of CABANA CLUB APARTMENTS, INC., Debtor.

United States Court of Appeals, Fourth Circuit.

Decided February 17, 1972.

Attorney(s) appearing for the Case

Hubert Humphrey, Greensboro, N. C. (McLendon, Brim, Brooks, Pierce & Daniels, Greensboro, N. C., on the brief) for appellant.

Arthur O. Cooke, Greensboro, N. C. (Cooke & Cooke, Greensboro, N. C., on the brief) for appellee.

Before WINTER, BUTZNER and FIELD, Circuit Judges.

WINTER, Circuit Judge:

When we affirmed the denial of a motion to dismiss the petition for reorganization under Chapter X of the Bankruptcy Act filed by Cabana Club Apartments, Inc. (Cabana), we observed "[a]fter the trustee has presented a plan it will be time enough to consider its merits and legality." Wachovia Bank and Trust Company v. Dameron, 406 F.2d 803, 806 (4 Cir. 1969). That time is now. The trustee has presented a plan...

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