U.S. Court of Appeals for the Fifth Circuit, 1968

Maule Industries, Inc. v. Everglades Development Corporation and Thirteen Collins Corporation

Maule Industries, Inc. v. Everglades Development Corporation and Thirteen Collins Corporation
U.S. Court of Appeals for the Fifth Circuit · Decided May 21, 1968 · Pope, Tuttle, Clayton
395 F.2d 223; 1968 U.S. App. LEXIS 6841 (Federal Reporter, Second Series)

Maule Industries, Inc. v. Everglades Development Corporation and Thirteen Collins Corporation

Opinion

PER CURIAM:

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.

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