Harris

This is an appeal from the same order of distribution of the assets from which the appeal of the. County of San Joaquin was taken in County of San Joaquin v. Harris (C.C.A.) 88 F.(2d) 541 , in which an opinion is this day filed. The American Trust Company appeals from that portion of the order of distribution which denied any participation by it or by the bondholders in any dividend then to be paid. The particular portion of the order appealed from is as follows:

The reasons for the order are incorporated therein, and may be briefly summarized as follows: That the receivership herein was instituted for the purpose of conducting and preserving the business of the defendant (Harris Harvester Company) and not for the purpose of liquidation; that the court in the exercise of its discretion considered it just and equitable to pay a dividend upon the favored claims upon which the order directed the dividend to be paid; that the claimants whose claims were thus paid in part had not embarrassed the receiver in the conduct of the business or pressed their claims through bankruptcy or otherwise, and that in the course of receivership payments in varying amounts have been received by all…