IN RE KDI CORPORATION

Nos. 72-1986, 72-2045.

477 F.2d 742 (1973)

In the Matter of KDI CORPORATION, Debtor. Frederick BEACH and Vincent DiRubbio, Appellants, v. KDI CORPORATION, Appellee. Frederick BEACH and Vincent DiRubbio, Petitioners-Appellees, v. KDI CREDITORS' COMMITTEE, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 10, 1973.


Attorney(s) appearing for the Case

J. Vincent Aug, Nieman, Aug, Elder & Jacogs, Cincinnati, Ohio, for Frederick Beach and Vincent DiRubbio, appellants and cross-appellees; Converse Murdoch, Peter J. Walsh, Wilmington, Del., of counsel.

Mark S. Lieberman, Chicago, Ill., and John A. Benjamin, Cincinnati, Ohio, for appellees; Gootlieb & Chwartz, Chicago, Ill., Robert O. Edington, Cors, Hair & Hartstock, Cincinnati, Ohio, on brief for KDI Corp., appellee and cross-appellant; Benjamin, Faulkner & Tepe, Cincinnati, Ohio, on brief for KDI Creditors Committee, appellee and cross-appellant.

Before MILLER, KENT and LIVELY, Circuit Judges.


LIVELY, Circuit Judge.

The history of this bankruptcy proceeding is set forth in Beach and DiRubbio v. KDI Corporation et al. (No. 72-1485), 477 F.2d 726 (6th Cir. 1973) decided today. In that action we affirmed the District Court's denial of a motion to dismiss proceedings under Chapter XI of the Bankruptcy Act and require the debtor to proceed under Chapter X. While that appeal was pending, on September 16, 1971 the debtor, KDI...

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