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IN RE LUXOR CAB MFG. CORPORATION

No. 199.

25 F.2d 644 (1928)

In re LUXOR CAB MFG. CORPORATION. Ex parte MASTERMAN PRINTING CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

April 9, 1928.

Attorney(s) appearing for the Case

Katz & Sommerich, of New York City (Otto C. Sommerich and Maxwell C. Katz, both of New York City, of counsel), for appellants.

McManus, Ernst & Ernst, of New York City (Irving L. Ernst, of New York City, of counsel), for receivers in equity.

Joseph Sterling, of New York City, for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

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

As we agree with the District Court that the only appointment of the receivers was on June 29, it is not necessary to decide whether the Act of May 27, 1926, is retroactive as respects acts of bankruptcy committed between the date of its passage and August 27, 1926. Assuming that it is, it is plain that an act of bankruptcy was committed on June 29, 1926, when the...

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