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WINNER CORPORATION v. H. A. CAESAR & CO., INC.

Nos. 74-1719, 74-1720, and 74-2050.

511 F.2d 1010 (1975)

In re The Winner Corporation, formerly known as Winner Boats, Inc., Debtor. The WINNER CORPORATION, formerly known as Winner Boats, Inc., Applicant-Appellee, v. H. A. CAESAR & CO, INC., Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

February 25, 1975.

Attorney(s) appearing for the Case

Michael S. Landes, Hahn, Hessen, Margolis & Ryan, New York City, for respondent-appellant.

Michael Miller, Richard Bird, Gracey, Maddin, Cowan & Bird, Nashville, Tenn., for applicant-appellee.

Before WEICK and CELEBREZZE, Circuit Judges, and DUNCAN, District Judge.

WEICK, Circuit Judge.

These three appeals were consolidated for hearing. The controversy between the parties arose in proceedings for arrangement under Title XI of the Bankruptcy Act of The Winner Corporation, Debtor, pending since December 4, 1973 in the Bankruptcy Court for the Middle District of Tennessee, Nashville Division.

No Trustee was appointed for the Debtor. The Referee in Bankruptcy permitted Winner to remain in possession of its assets and to...

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