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WHITNEY v. BARRETT

No. 5231.

28 F.2d 760 (1928)

WHITNEY v. BARRETT.

Circuit Court of Appeals, Fifth Circuit.

October 29, 1928.

Attorney(s) appearing for the Case

C. N. Davie and Chas. S. Reid, both of Gainesville, Ga., and Orville A. Park, of Macon, Ga., for appellant.

Shirley C. Boykin and Buford F. Boykin, both of Carrollton, Ga., and H. D. Russell, of Macon, Ga. (Boykin & Boykin, of Carrollton, Ga., and Brock, Sparks & Russell, of Macon, Ga., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

A petition in bankruptcy having been filed against the Carmichael-Mallett Company, a receiver was appointed and an order entered against A. F. Whitney, receiver of the same company in the state court, to show cause why he should not deliver all assets of that company to the receiver appointed by the bankruptcy court. In response to this order, a sworn answer was filed setting up that Whitney was appointed receiver by the state court on petition...

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