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CARLSON PLYWOOD CO., INC. v. VYTEX PLASTICS CORP.

No. 74-1383.

519 F.2d 556 (1975)

CARLSON PLYWOOD CO., INC., a corporation, for itself and all other persons and corporations similarly situated, Plaintiffs-Appellants, v. VYTEX PLASTICS CORPORATION, a/k/a Vytex Corporation, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 22, 1975.

Attorney(s) appearing for the Case

Richard C. Moenning, Chicago, Ill., for plaintiffs-appellants.

Robert W. Gettleman, Selwyn Zun, Walter H. Moses, Jr., William M. Gibbons, Charles A. Adamek, Chicago, Ill., for defendants-appellees.

Before CASTLE, Senior Circuit Judge, PELL, Circuit Judge, and JAMESON, Senior District Judge.

PELL, Circuit Judge.

The plaintiff Carlson Plywood Company, Inc. (Carlson) brought this action in the district court to enjoin the defendant Vytex Plastics Corporation (Vytex) from proceeding in bankruptcy. The district court dismissed the complaint and Carlson appeals.

In its complaint, Carlson alleged that it is a creditor of Vytex; that in September 1973, pursuant to a petition filed by Carlson, the circuit court of Cook County appointed a receiver to supervise...

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