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IN RE MARYVALE COMMUNITY HOSPITAL, INC.

Nos. 25586, 25587.

456 F.2d 410 (1972)

In the Matter of MARYVALE COMMUNITY HOSPITAL, INC., an Arizona corporation, Debtor. HEALTH FACILITIES PLANNING COUNCIL, an Arizona nonprofit corporation, Appellant, v. Frank J. DUNNING, as Trustee of the Estate of said Debtor, Appellee. Gary K. NELSON, the Attorney General of the State of Arizona, Appellant, v. Frank J. DUNNING, as Trustee of the Estate of said Debtor, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 20, 1972.

Attorney(s) appearing for the Case

Edward Lewis (argued), of Lewis & Roca, Phoenix, Ariz., for appellant Health Facilities Planning Council.

Frank Sagarino, Asst. U. S. Atty. (argued), for appellants State of Ariz., and Gary K. Nelson, Ariz. Atty. Gen.

Herbert Mallamo (argued), Robert G. Mooreman, Phoenix, Ariz., for appellee Dr. Bratrud.

Before ELY and HUFSTEDLER, Circuit Judges, and FERGUSON, District Judge.

PER CURIAM:

These are two consolidated appeals from an order of the district court approving the trustee's plan of reorganization for Maryvale Community Hospital, Inc., as fair and equitable, and feasible, as provided in Section 174 of Chapter X of the Bankruptcy Act (11 U.S.C. § 574). We affirm.

The hospital was incorporated under the Arizona non-profit corporation laws on December 2, 1959, as a non-stock membership corporation. On July 12, 1961, its...

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