Highley v. Rothman

459 F.2d 554 In the Matter of George C. HIGHLEY, individually and dba The Highlander, etc., Bankrupts. HIGHLANDER, INC., and Cybertronica-Nevada, Inc., et al., Claimants-Appellants, v. Don ROTHMAN, Trustee, Appellee. No. 71-1144. United States Court of Appeals, Ninth Circuit. April 19, 1972. Robert G. Leff (argued), of Lipsig, Rosenfield, Temkin & Leff, Beverly Hills, Cal., Robert Krause, Long Beach, Cal., for appellants. Richard F. Broude (argued), of Gendel, Raskoff, Shapiro & Quittner, Los Angeles, Cal., for appellee. Before KOELSCH, DUNIWAY and WRIGHT, Circuit Judges. DUNIWAY, Circuit Judge: 1 Appellants seek to have the involuntary adjudication of bankruptcy of Highlander, Inc., set aside on grounds that the bankruptcy court lacked jurisdiction over the proceedings. FACTS 2 An involuntary petition in bankruptcy was filed on June 23, 1966, against George C. Highley, individually and doing business as The Highlander, Highlander Sanitarium, and Highlander, Inc., and against Highlander, Inc., a California corporation doing business as The Highlander and Highlander Sanitarium. Because various parties purported to speak for Highlander, Inc., it was stipulated that Stuart…