In the Matter of G. Douglas and Mary Tibbitts, Bankrupt, Appellants, v. James E. Cussen, Trustee, et al., Appellees, 456 F.2d 1314 (9th Cir. 1972)

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U.S. Court of Appeals for the Ninth Circuit - 456 F.2d 1314 (9th Cir. 1972) April 12, 1972. Rehearing Denied May 23, 1972

David J. Langum (argued), of Christenson, Hedemark & Langum, San Jose, Cal., Loren Dahl, Sacramento, Cal., for appellants.

Joseph S. Genshlea, (argued), of Downey, Brand, Seymour & Rohwer, Thomas W. Olson, Jr., Cloyd T. Clowdus, Bryte M. Peterson, Ref. in Bankruptcy, Sacramento, Cal., for appellees.

Before CHAMBERS and TRASK, Circuit Judges, and MURRAY,**  District Judge.


On this appeal from two bankruptcy orders, we affirm.

We conclude that the finding of unfeasibility of an arrangement plan was not clearly erroneous.

The objection as to adequate notice to the bankrupts and creditors was not raised below. It is not a case of no notice. Thus, we do not think it presents here a naked question of power to act.


Honorable W. D. Murray, Senior United States District Judge for the District of Montana, sitting by designation