MILLER v. MEINHARD-COMMERCIAL CORPORATION

No. 71-3255.

462 F.2d 358 (1972)

Giles E. MILLER et al., Plaintiffs-Appellants, v. MEINHARD-COMMERCIAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 30, 1972.


Attorney(s) appearing for the Case

William Andress, Jr., Andress & Woodgate, Dallas, Tex., for plaintiffs-appellants.

J. Richard Gowan, James H. Wallenstein, Johnson, Bromberg, Leeds & Riggs, Dallas, Tex., for defendant-appellee.

Before GOLDBERG, DYER and SIMPSON, Circuit Judges.


DYER, Circuit Judge:

Miller and others as trustees of the Giles E. Miller Co. Pension Trust, a creditor in a Bankruptcy Act Chapter XI arrangement, filed suit against another creditor, Meinhard-Commercial Corp., who participated in the arrangement, nine months after the arrangement plan was confirmed. Miller alleges that Meinhard made fraudulent representations at a creditor's meeting that induced him to acquiesce in the Chapter XI arrangement rather than initiate...

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