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IN RE AMERICAN ALUMINUM METAL PRODUCTS CO.

No. 5475.

15 F.2d 234 (1926)

In re AMERICAN ALUMINUM METAL PRODUCTS CO.

District Court, S. D. California, S. D.

February 4, 1926.

Attorney(s) appearing for the Case

Turnbull, Heffron & Kelley, of Los Angeles, Cal., for petitioning creditors.

W. T. Craig, of Los Angeles, Cal., for trustee.

Wood, Janeway & Pratt, of Los Angeles, Cal., for claimant Dempsey.

McCORMICK, District Judge.

In my opinion, under the stipulated facts as shown by the referee's certificate of review, the claimant Dempsey is estopped, as against the trustee in bankruptcy and the general creditors of the bankrupt corporation, from transforming himself from a stockholder in American Aluminum Metal Products Company, a corporation, into a creditor thereof, to the prejudice and damage of innocent general creditors of the bankrupt corporation, and claimant...

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