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IN RE JOHNSTON CONSTRUCTION, INC.

Nos. 102327, 102328.

182 F.Supp. 576 (1960)

In the Matters of JOHNSTON CONSTRUCTION, INC., Bankrupt, and Ralph A. Johnston, Jr., Bankrupt.

United States District Court S. D. California, Central Division.

April 8, 1960.

Attorney(s) appearing for the Case

Russell B. Seymour, Los Angeles, Cal., for petitioners.

C. E. H. McDonnell, Los Angeles, Cal., James O. Ball, Van Nuys, Cal., and Robert K. Tuller, Fullterton, Cal., for petitioning creditors.

Robert B. Powell, Referee in Bankruptcy, Santa Ana, Cal.

BYRNE, District Judge.

On September 15, 1959, an involuntary petition in bankruptcy was filed against each petitioner. An answer was filed by each petitioner which, inter alia, denied the commission of an act of bankruptcy. Thereafter, and before any trial of the issues raised by the answers, a petition for a plan of arrangement under the provisions of § 321 (11 U.S.C.A. § 771) was filed by each petitioner. Each petitioner failed, within the time...

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