Cuccia

Bank of America Nat. Trust & Savings Ass'n v. Cuccia

Good Law
90 F.2d 100·1937 U.S. App. LEXIS 3773
United States Court of Appeals for the Ninth CircuitMay 4, 1937No. 8187California1,389 words

Opinion

Lead Opinion

Mathews, J.

This appeal is from a restraining order, and from an order refusing to vacate and dissolve the restraining order, in a proceeding under section 75 of the Bankruptcy Act, as amended ( 11 U.S.C.A. § 203 ).

Appellee commenced this proceeding on August 4, 1934, by filing his petition praying for relief under subsections (a) to (r), inclusive, of section 75, supra. On January 7, 1935, he filed his amended petition asking tó be adjudged a bankrupt, pursuant to subsection (s) of section 75 (Frazier-Lemke *101 Act of June 28, 1934, c. 869, 48 Stat. 1289 -1291), and, on the same day, the court made such order of adjudication.

On May 27, 1935, the Supreme Court, in Louisville Joint Stock Land Bank v. Radford, 295 U.S. 555 , 55 S.Ct. 854 , 79 L.Ed. 1593 , 97 A.L.R. 1106 , held that subsection (s) of section 75 (Frazier-Lemke Act of June 28, 1934) was unconstitutional. On August 28, 1935, subsection (s) of section 75 was amended by the new Frazier-Lemke Act, c. 792, § 6, 49 Stat. 943 -945 (11 U.S.C. A. § 203 (s) (5). Paragraph 5 of subsection (s), as amended, provides : “This Act [title] [meaning, of course, the Bankruptcy Act, including section 75 and all subsections thereof and all…

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