Maurer

On April 20, 1933, there was filed in the court below a petition for the appointment of ancillary receivers for the appellee corporation, and an ex parte order on that petition was signed by the District Judge, appointing two such receivers.

On May 2, 1933, the appellant herein, as insurance commissioner of the state of California, filed in the above proceedings a motion to vacate the order appointing the receivers, to dissolve the restraining order, to dismiss the petition for the appointment of receivers, and to re-examine the ex parte order appointing the receivers. An affidavit was filed in support of the motion, and another affidavit was filed in opposition to it. On May 8, the date specified in the motion, the matter was heard on the affidavits, before the District Court, was argued by counsel for each side, and was submitted on briefs. On May 12 an order was entered denying the motion.

On May 26, 1933, the appellant filed a motion for rehearing of the order denying the motion of E. Forrest Mitchell to vacate the order appointing the receivers, to dissolve the restraining order, to dismiss the petition for the appointment of receivers, and to re-examine the ex parte order…