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Maule Industries, Inc. v. Everglades Development Corp.

United States Court of Appeals, Fifth Circuit
May 21, 1968
395 F.2d 223 (5th Cir. 1968)

Opinion

No. 25057.

May 21, 1968.

William M. Manker, Manker White, Miami, Fla., for appellants.

Herbert L. Nadeau, Miami, Fla., for appellees.

Shutts Bowen, Miami, Fla., for County Mortgagee Corp.

Before POPE, TUTTLE and CLAYTON, Circuit Judges.

Of the Ninth Circuit, sitting by designation.


This appeal attacks the order of the trial court in dismissing this Section 10 reorganization proceeding in Bankruptcy upon its finding that it was unreasonable to expect that a plan of reorganization could be effected, Section 146(3) Bankruptcy Act. The determination by the trial court was one of fact and it may not be set aside unless clearly erroneous, York v. Fla. Southern Corporation, 5 Cir., 310 F.2d 109. There being ample basis for the factual determination by the trial court, we conclude that the judgment should be, and it is,

Affirmed.


Summaries of

Maule Industries, Inc. v. Everglades Development Corp.

United States Court of Appeals, Fifth Circuit
May 21, 1968
395 F.2d 223 (5th Cir. 1968)
Case details for

Maule Industries, Inc. v. Everglades Development Corp.

Case Details

Full title:MAULE INDUSTRIES, INC., et al., Appellants, v. EVERGLADES DEVELOPMENT…

Court:United States Court of Appeals, Fifth Circuit

Date published: May 21, 1968

Citations

395 F.2d 223 (5th Cir. 1968)