Wood

Wood v. Natural Soda Products Co.

Good Law
31 F.2d 110·1929 U.S. App. LEXIS 3410
United States Court of Appeals for the Ninth CircuitFebruary 25, 1929Nos. 5640, 5641, 5642California311 words

Opinion

Lead Opinion

Rudkin, J.

The question for decision in this ease is simply this: May an equity receiver of a corporation, appointed by a federal court with the consent of the court appointing him and with the consent of the bankruptcy court, resist an involuntary petition in bankruptpy filed against the corporation for which he is receiver under *111 section 18b of tbe Bankruptcy Act (11 USCA § 41(b)? That section provides that the bankrupt, or any creditor, may appear and plead to the involuntary petition within five days after the return day, or within such further time as the court may allow. So far as we are advised, his right to do so is sustained by all the authorities and denied by none. In re Hudson River Electric Power Co. (D. C.) 173 F. 934 ; In re Gold Run Mining & Tunnel Co. (D. C.) 200 F. 162 ; Blackstone v. Everybody’s Store, Inc. (C. C. A.) 207 F. 752 ; In re Morosco Holding Co. (D. C.) 296 F. 516 ; Central State Bank v. Harrington (C. C. A.) 4 F.(2d) 514 .

If, as held by this court in Petition of Shortridge, 20 F.(2d) 638 , the jurisdiction of courts of bankruptcy established by the Bankruptcy Act is exclusive of all other courts, whether state or federal, it would seem to follow that a…

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