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IN RE ALLEN UNIVERSITY

No. 73-1897.

497 F.2d 346 (1974)

In the Matter of ALLEN UNIVERSITY, an educational corporation chartered by the State of South Carolina, Debtor.

United States Court of Appeals, Fourth Circuit.

Decided May 16, 1974.

Attorney(s) appearing for the Case

Gerald M. Finkel, Columbia, S. C. (Stanley H. Kohn, Kohn & Finkel, Columbia, S. C., on brief), for appellants.

David W. Robinson, Columbia, S. C. (Robinson, McFadden, Moore & Pope, Columbia, S. C., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and WINTER and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

On May 21, 1973, creditors of Allen University filed in the district court a petition under 11 U.S.C. § 526 asking that Allen University be reorganized under the provisions of Chapter X of the Bankruptcy Act, 11 U.S.C. §§ 501-676. The district court dismissed the petition on the basis that, since Allen was not a "moneyed, business, or commercial corporation" within the intendment of 11 U.S.C. § 22(b), an action could not...

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