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IN RE STRATFORD OF TEXAS, INC.

No. 79-2129.

635 F.2d 365 (1981)

In re STRATFORD OF TEXAS, INC., et al., Debtors. The OFFICIAL CREDITORS COMMITTEE OF STRATFORD OF TEXAS, INC., Etc., Appellants, v. STRATFORD OF TEXAS, INC., Class III Creditors Subcommittee of the Official Creditors Committee, Collins Electric Co., Inc., Appellees.

United States Court of Appeals, Fifth Circuit.

January 26, 1981.

Attorney(s) appearing for the Case

Ross, Banks, May, Cron & Cavin, Daniel H. Johnston, Jr., Robert R. Kamm, Houston, Tex., for appellants.

Sheinfeld, Maley & Kay, Frank R. Monroe, David B. Foltz; Jr., Houston, Tex., for Collins Elec. Co.

Before HILL, RUBIN and ANDERSON, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

The appellant, a subcommittee of creditors of Stratford of Texas and its subsidiaries in a Chapter XI bankruptcy proceeding,1 appeals from a determination of the district court that the appellee, Collins Electric Co., Inc. ("Collins"), is a Class 4 rather than a Class 3 creditor as defined in the "Consolidated Plan of Arrangement" adopted by a majority of...

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