Tally

Tally v. Fox Film Corp.

Good Law
88 F.2d 212·1937 U.S. App. LEXIS 3082
United States Court of Appeals for the Ninth CircuitJanuary 13, 1937No. 8210California12,934 words

Opinion

Lead Opinion

Wilbur, J.

The Fox West Coast Theatres, Inc., on February 27, 1933, filed a petition in voluntary bankruptcy in the District Court of the United States for the Southern District of California, in the form provided therefor by the Supreme Court (11 U.S.C. A. following section 53, p. 58). It alleged therein “that it owes provable debts which it is unable to pay in full, that it is willing to surrender all of its property for the benefit of its creditors and that it desires to obtain the benefit of the acts of Congress relating to bankruptcy.”

Petition for Appointment of Receiver in Bankruptcy.

Accompanying the petition in bankruptcy was a petition of the alleged bankrupt for the appointment of a receiver. It was alleged in this petition that the “bankrupt is engaged in the business of operating motion picture theatres and exhibiting motion pictures and other forms of entertainment therein and in holding stock in other companies engaged in like business.” It was alleged that the bankrupt was the lessee and operator of forty-two theatres described by name in the petition and that it owned capital stock of various corporations therein named in amounts therein stated; among others, four…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.