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HERMAN v. CULLERTON

No. 4759.

13 F.2d 754 (1926)

HERMAN v. CULLERTON. In re McNULTY.

Circuit Court of Appeals, Ninth Circuit.

July 12, 1926.

Attorney(s) appearing for the Case

Lowndes Maury, Reuben Maury, and Maury & Brown, all of Butte, Mont., for appellant.

Harlow Pease, of Butte, Mont., for appellee.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

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

The general principle that from the time of filing the petition in bankruptcy the estate is in custodia legis and within the exclusive jurisdiction of the bankruptcy court (Acme Harvester Co. v. Beekman Lumber Co., 222 U.S. 300, 32 S.Ct. 96, 56 L. Ed. 208) is in no way inconsistent with the exercise of jurisdiction by a state court in a case instituted therein, where the subject...

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