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IN RE DIAMOND FUEL CO.

No. 165.

6 F.2d 773 (1925)

In re DIAMOND FUEL CO.

Circuit Court of Appeals, Second Circuit.

March 2, 1925.

Attorney(s) appearing for the Case

Frank M. White, of New York City (R. H. McNeill, of Washington, D. C., of counsel), for petitioner.

Stetson, Jennings & Russell, of New York City (Theodore Kiendl and Frederic W. Girdner, both of New York City, of counsel), appearing pro se as respondents.

Before ROGERS, MANTON, and HAND, Circuit Judges.

ROGERS, Circuit Judge (after stating the facts as above).

It appears, from the statement of facts which precedes this opinion, that a petition was filed on behalf of three creditors, who asked to have the Diamond Fuel Company adjudged a bankrupt, on the ground that it had committed an act of bankruptcy by granting a preference within four months of the time of filing the petition, and was insolvent. Before the matter was adjudicated...

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