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In re Mifflinburg Body Works Inc.

decided.: June 15, 1953.

IN RE MIFFLINBURG BODY WORKS, INC., ET AL.


Before KALODNER, STALEY and HASTIE, Circuit Judges.

Per Curiam.

This is an appeal from the Order of the District Court dismissing a creditors' petition for reorganization of Mifflinburg Body Works, Inc.*fn1 pursuant to the provisions of Chapter X of the Bankruptcy Act.*fn2 The Order of dismissal was premised on the finding by the District Court, after several hearings, that the petition had not been filed "in good faith".

As we have had occasion to observe in the past, the District Court is charged with the duty of ascertaining whether a petition in a Chapter X proceeding is filed "in good faith".*fn3 Further, it is well-settled that a finding as to "good faith" is a finding of fact and it will not be reversed unless clearly erroneous.*fn4

Upon consideration of the record we are of the opinion that it does not sustain the creditors' contention that the District Court's finding of lack of good faith was clearly erroneous.

For the reasons stated the Order of the District Court ...


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