Gormley

Interstate Oil Co. v. Gormley

Good Law
105 F.2d 431·1939 U.S. App. LEXIS 3340
United States Court of Appeals for the Ninth CircuitJune 29, 1939No. 9084California2,068 words

Opinion

Lead Opinion

Wilbur, J.

This is an appeal from an order confirming a sale of property of the Interstate Oil Corporation made by the receiver of that corporation, appointed in a suit instituted in equity for the liquidation of the corporation. The receiver negotiated the sale of all the property of the Interstate Oil Corporation to the Exeter Oil Company, Ltd., subject to the approval of the court. On March 11, 1938, he applied to the court for an order approving the contract of sale as amended, and prayed for hearing after notice, for the approval and confirmation of a contract of sale with its amendment, and for authority to carry out the terms of the contract. An order to show cause was issued and served by publication, posting and mailing. At the time fixed for hearing, objections were filed by appellant Interstate Oil Company, which company claimed to be owner of all the outstanding common stock of the Interstate Oil Corporation.

After the hearing, on April 28, 1938, the court overruled the objections and directed that the receiver consummate the sale in accordance with the terms of the contract already negotiated. Thereafter, on April 29, 1938, the receiver filed a petition for the confirmation of…

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