Giles E. Miller v. Meinhard-Commercial Corporation
Court of Appeals for the Fifth Circuit
1Opinion of the Court
DYER, Circuit Judge:
Miller and others as trustees of the Giles E. Miller Co. Pension Trust, a creditor in a Bankruptcy Act Chapter XI arrangement, filed suit against another creditor, Meinhard-Commercial Corp., who participated in the arrangement, nine months after the arrangement plan was confirmed. Miller alleges that Meinhard made fraudulent representations at a creditor’s meeting that induced him to acquiesce in the Chapter XI arrangement rather than initiate proceedings under Chapter X. The district court granted Meinhard’s motion to dismiss. We affirm.
On September 20, 1968, the debtor,…
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