Engelbrecht v. Wildman

268 F.2d 133 Arthur ENGELBRECHT, Appellant, v. Austin K. WILDMAN, Trustee in Bankruptcy of John H. McCullough and Margaret Mae McCullough, husband and wife, as individuals, doing business as Tri-State Drilling Company, bankrupts, Appellee. No. 16182. United States Court of Appeals Ninth Circuit. June 19, 1959. Rehearing Denied August 27, 1959. 1 John J. McCullough, Phoenix, Ariz., for appellant. 2 Trew, Woodford & Dodd, Kramer, Roche & Perry, F. Haze Burch, Phoenix, Ariz., for appellee. 3 Before HAMLEY and JERTBERG, Circuit Judges, and WOLLENBERG, District Judge. 4 WOLLENBERG, District Judge. 5 The appellant urges as error on appeal the District Court's order overruling appellant's plea to bankruptcy jurisdiction. Briefly stated, appellant contends that there is a prior in rem state court action having exclusive jurisdiction to deal with the subject matter of said action. 6 The pertinent facts are as follows: On February 23, 1954, Arthur Engelbrecht (hereafter called "Appellant"), George Gilling and John H. McCullough (hereafter called "Bankrupt") executed an agreement forming the Tri-State Cesspool Drilling Co., a partnership (hereafter called "Cesspool"). Appellant…