KDI v. FORMER SHAREHOLDERS OF LABTRON OF AMERICA

No. 75-1716.

536 F.2d 1146 (1976)

KDI CORPORATION, Plaintiff-Appellant, v. FORMER SHAREHOLDERS OF LABTRON OF AMERICA, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 24, 1976.


Attorney(s) appearing for the Case

Robert O. Edington, Cincinnati, Ohio, Mark S. Lieberman, Chicago, Ill., Cors, Hair & Hartsock, Cincinnati, Ohio, for plaintiff-appellant.

John E. Cumming, Cumming, Bannister, Izenson & Kinney, Dayton, Ohio, for defendants-appellees.

Before EDWARDS and PECK, Circuit Judges, and McALLISTER, Senior Circuit Judge.


JOHN W. PECK, Circuit Judge.

KDI Corporation, the debtor in a Chapter XI bankruptcy proceeding, perfected this appeal from a decision of the district court affirming a bankruptcy court decision. The bankruptcy judge had held that appellees were shareholders of the appellant corporation entitled to an additional 59,000 shares, rather than creditors falling within Class 6 of the plan of arrangement.

On December 18, 1968, KDI Corporation entered into a corporate...

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