In The Matter Of Diamond Door Company

505 F.2d 1199 In the Matter of DIAMOND DOOR COMPANY, a California corporation, Alleged Bankrupt-Appellant, v. LANE-STANTON LUMBER COMPANY, a California corporation, et al., Petitioning Creditors-Appellees. No. 73-1590. United States Court of Appeals, Ninth Circuit. Oct. 21, 1974. Lawrence A. Diamant, Robinson & Wolas, Los Angeles, Cal., for alleged bankrupt-appellant. Barnard F. Klein, Beverly Hills, Cal., for petitioning creditors-appellees. Before HAMLEY and DUNIWAY, Circuit Judges, and NEILL, District judge. * OPINION HAMLEY, Circuit Judge: 1 This is an appeal from a partial adjudication by the district court under Rule 56(d), F.R.Civ.P., entered in an involuntary bankruptcy proceeding. The alleged bankrupt, Diamond Door Company (Diamond), appeals from a district court order determining that Diamond had committed an act of bankruptcy as defined in section 3(a) of the Bankruptcy Act, 11 U.S.C. 21(a). We affirm. 2 On November 24, 1970, Lane-Stanton Lumber Company and other creditors of Diamond filed a petition to have Diamond adjudged an involuntary bankrupt. Petitioners alleged that Diamond, while insolvent and within four months of bankruptcy, committed, on two occasions,…