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IN RE KDI CORPORATION

No. 72-1485.

477 F.2d 726 (1973)

In the Matter of KDI CORPORATION, Debtor. Frederick BEACH and Vincent Di Rubbio, Appellants, v. KDI CORPORATION and KDI Creditors' Committee, Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 10, 1973.

Attorney(s) appearing for the Case

J. Vincent Aug, Nieman, Aug, Elder & Jacobs, Cincinnati, Ohio, on brief for appellants, Frederick Beach and Vincent Di Rubbio; Converse Murdoch, Peter J. Walsh, Wilmington, Del., of counsel.

Mark S. Lieberman, Chicago, Ill., and John A. Benjamin, Cincinnati, Ohio, for appellee, KDI Corp.; Gottlieb & Schwartz, Chicago, Ill., and Robert O. Edington, Cors, Hair & Hartsock, Cincinnati, Ohio, on brief.

John A. Benjamin, Benjamin, Faulkner & Tepe, Cincinnati, Ohio, on brief for KDI Creditors Committee.

Before MILLER, KENT and LIVELY, Circuit Judges.

LIVELY, Circuit Judge.

This appeal is from an order of the District Court denying a motion pursuant to § 3281 of the Bankruptcy Act to dismiss proceedings brought under Chapter XI of the Bankruptcy Act and in effect to transfer them to Chapter X.

Chapter XI of the Bankruptcy Act deals with Arrangements whereas Chapter X deals with Corporate Reorganizations. Section 306 of the Act...

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