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BANQUE de FINANCEMENT v. FIRST NAT. BANK OF BOSTON

No. 447, Docket 76-5026.

568 F.2d 911 (1977)

In the Matter of Banque de Financement, S. A., Debtor. BANQUE de FINANCEMENT, S. A., Appellant, and Firestone Tire and Rubber Company, Intervenor in support of Appellant, v. The FIRST NATIONAL BANK OF BOSTON, and The Chase Manhattan Bank, N. A., Appellees.

United States Court of Appeals, Second Circuit.

Decided August 30, 1977.

Attorney(s) appearing for the Case

Paul B. Bergman, New York City (Ford Marrin Esposito Witmeyer & Bergman, New York City, on the brief), for debtor-appellant Banque de Financement, S. A.

James C. Blair, New York City (Cleary, Gottlieb, Steen & Hamilton, New York City, on the brief), for intervenor Firestone Tire & Rubber Company in support of appellant.

Thomas A. Shaw, Jr., New York City (Thomas H. Walsh, Jr., and Breed, Abbott & Morgan, New York City, on the brief), for appellee The First National Bank of Boston.

Peter A. Copeland, New York City (Milbank, Tweed, Hadley & McCloy, New York City, on the brief), for appellee The Chase Manhattan Bank, N. A.

Before MULLIGAN, TIMBERS and VAN GRAAFEILAND, Circuit Judges.

TIMBERS, Circuit Judge:

On this appeal from a judgment entered July 29, 1976 in the Southern District of New York, Robert J. Ward, District Judge, affirming an order entered January 13, 1976 by Roy Babitt, Bankruptcy Judge, which dismissed as improvidently filed the debtor's petition under Chapter XI of the Bankruptcy Act, 11 U.S.C. § 701 et seq. (1970), the essential question is whether under the circumstances of this case it was appropriate for...

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