HIGGINBOTHAM-BAILEY-LOGAN CO. v. INTERNATIONAL SHOE CO.

No. 5355.

29 F.2d 994 (1929)

HIGGINBOTHAM-BAILEY-LOGAN CO. et al. v. INTERNATIONAL SHOE CO. et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 13, 1929.


Attorney(s) appearing for the Case

Lee G. Carter and Elihu E. Berwald, both of Dallas, Tex. (Carter & Berwald, of Dallas, Tex., on the brief), for appellants.

Allan V. McDonnell, of Waco, Tex., for appellees Shoe Company and Duff, trustee.

J. S. Kendall, of Munday, Tex., for appellee Mercantile Company.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


FOSTER, Circuit Judge.

This is an appeal from an order refusing to vacate and set aside the appointment of a receiver in a bankruptcy proceeding. Appellees move to dismiss the appeal.

We gather from the record and the briefs and argument of counsel, that the material facts are as follows:

The Tucker Mercantile Company made an assignment of all its assets for the benefit of its creditors, which was accepted by practically all of them. However, the International...

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