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GUARDIAN MTG. INVESTORS v. UNOFFICIAL NOTEHOLDERS-DEBENTUREHOLDERS CREDITORS COMMITTEE

No. 293, Docket 79-7580.

607 F.2d 1020 (1979)

GUARDIAN MORTGAGE INVESTORS, Plaintiff-Appellant, v. UNOFFICIAL NOTEHOLDERS-DEBENTUREHOLDERS CREDITORS COMMITTEE, S. John Loscocco, Stanley Richards, Raymond E. Shea, Thomas Wharton, Joseph Fellig and Joseph V. Allen, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 26, 1979.

Attorney(s) appearing for the Case

Dennis J. Block, New York City (Weil, Gotshal & Manges, New York City, Irwin H. Warren, and Nancy E. Barton, New York City, of counsel), for plaintiff-appellant.

Philip H. Kalban, New York City (Booth, Lipton & Lipton, New York City, Edgar H. Booth, New York City, of counsel), for defendants-appellees.

Before LUMBARD, FRIENDLY and GURFEIN, Circuit Judges.

FRIENDLY, Circuit Judge:

Appellant Guardian Mortgage Investors (Guardian) is an unincorporated voluntary association which is debtor in possession in a proceeding under Chapter XI of the Bankruptcy Act in the District Court for the Middle District of Florida. On December 15, 1978, it filed a plan which the bankruptcy court has preliminarily determined to be feasible and in the best interests of Guardian's creditors.1 The bankruptcy judge...

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