Loomis

There are two appeals. The first to be considered is an appeal, taken by the trustee, from a. final order dismissing a proceeding under § 77B o’f the bankruptcy act, 11 U.S.C.A. § 207 . Appellees have moved to dismiss this appeal, and we are constrained to grant the motion.

In November, 1934 the Miami Trust Company, an Arizona corporation, filed-its petition under § 77B alleging its inability to pay its debts as they matured, and stating that it desired to effect a plan of reorganization under the act. The petition was approved as properly filed and appellant was appointed trustee.

In June, 1937, some two and a half years later, the debtor filed a plan of reorganization which the District Court found not properly proposed. In September following the court ordered that the debtor show cause why it should not be liquidated, no plan having been filed within a reasonable time and no report having been made by the trustee, of his administration or of the condition of the debtor. This order was shortly vacated upon the trustee’s presenting his report and account.

A modified plan of reorganization was then filed, which came on for hearing on November 23, 1937. The court on that date…