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IN RE A. C. WAGY & CO.

Nos. 5250, 5251.

22 F.2d 9 (1927)

In re A. C. WAGY & CO., Inc. VAN NORDEN v. A. C. WAGY & CO., Inc., et al. (two cases).

Circuit Court of Appeals, Ninth Circuit.

October 31, 1927.

Attorney(s) appearing for the Case

Arnold C. Lackenbach, of San Francisco, Cal., for appellant.

W. T. Craig and Shaw & McDaniel, all of Los Angeles, Cal., for appellees Carnahan and Scott.

B. W. Kemper, of Los Angeles, Cal., for bankrupt.

Shaw & McDaniel, of Los Angeles, Cal., for petitioning and intervening creditors.

Kyle Z. Grainger and Clare Woolwine, both of Los Angeles, Cal., for certain intervening creditors.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

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

The pendency of the involuntary petition did not deprive the court below of jurisdiction to receive and consider the voluntary petition, and the fact that adjudication was made under the latter did not preclude jurisdiction to protect the creditors under the former. International Silver Co. v. New York Jewelry Co. (C. C. A.) 233 F. 945. It is held that, unless some question of the preservation of the rights...

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