Tennessee Publishing Co. v. American National Bank, 299 U.S. 18 (1936)

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Tennessee Publishing Co. v. American National Bank


No. 48


Argued October 22, 23, 1936
»Decided November 9, 1936
299 U.S. 18

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT

Syllabus

1. Constitutional questions should not be decided, by anticipation, upon records not necessarily presenting them. P. 22.

2. Under § 77B of the Bankruptcy Act, if the plan of reorganization is neither fair nor feasible, the District Judge, upon so finding, can proceed no further with the plan, and is authorized to dismiss the petition. Id.

81 F.2d 463 affirmed.

Certiorari, 298 U.S. 651, to review the affirmance of a decree of the District Court which dismissed the Publishing Company’s petition for reorganization, filed under § 77B of the Bankruptcy Act.