GREEN ET AL.
v.
CITY OF STUART, FLA.

5th Cir. | 1943-04-29
No. 10541
Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges., Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.
135 F.2d 33 Court of Appeals for the Fifth Circuit (1943) Positive Treatment
Cited by 2 cases

Opinion of the Court
HUTCHESON, Circuit Judge.

PER CURIAM.

Rehearing denied.

11 U.S.C.A. §§ 401 — 403.

“No creditor shall be deemed to be affected by any plan of composition unless the same shall affect his interest materially, and in case any controversy shall arise as to whether any creditor or class of creditors shall or shall not be affected, the issue shall be determined by the judge, after hearing, upon notice to the parties interested.’’ 11 U.S.O.A. § 403 (a).

“ * * * it appearing to the Court that such persons are not in any manner affected by this Plan of Composition, and that such persons do not own securities affected by this Plan of Composition and therefore are strangers to this proceeding and have no right to be heard herein, and that some of such persons are taxpayers and therefore have no right to intervene in this cause; and it further appearing to the Court that due and regular not1’ was given in accordance with the Bankruptcy Act for a hearing on the petition on September 14, 1942, and that all of such persons had ample opportunity to be heard, and that an interlocutory decree has been duly and regularly entered in this cause, and that more than ten days from the entry thereof has expired, * * *.”

11 U.S.C.A. § 403.


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