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CANTOR v. WILBRAHAM & MONSON ACADEMY

No. 79-1304.

609 F.2d 32 (1979)

Nancy CANTOR, Trustee of the Cantor Monson Trust, Debtor, Appellant, v. WILBRAHAM AND MONSON ACADEMY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 21, 1979.

Attorney(s) appearing for the Case

Henry Friedman, Boston, Mass., for debtor, appellant.

Michael B. Katz, Springfield, Mass., with whom Bacon, Wilson, Ratner, Cohen, Salvage, Fialky & Fitzgerald, P. C., Springfield, Mass., was on brief, for defendant, appellee.

Before CAMPBELL, BOWNES, Circuit Judges, and BONSAL, Senior District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

Appellant Nancy Cantor, Trustee of the Cantor Monson Trust, filed a petition under Chapter XII of the Bankruptcy Act, 11 U.S.C. §§ 801-926. The bankruptcy judge dismissed the petition on the ground that the Trust was not a proper party to file a Chapter XII petition. Mrs. Cantor appealed to the district court, asserting that she, not the Trust, was the party seeking the bankruptcy proceeding. The district court affirmed...

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