Court of Appeals for the First Circuit December 6, 1978, 78-1180 (In the Matter of NEWPORT HARBOR ASSOCIATES, D/B/A Newport Harbor Treadway, Inc., Etc. and James W. Kirby, Etc., Debtors, Appellants)

ALDRICH, Senior Circuit Judge.

In January, 1973 Debtors (Newport Harbor Associates, a limited partnership, and James W. Kirby, the sole general partner) filed a Chapter XI proceeding in the bankruptcy court to replace a state court receivership of their Newport, Rhode Island hotel.