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THOMAS DAY CO. v. KING

No. 6077.

42 F.2d 421 (1930)

THOMAS DAY CO. et al. v. KING et al.

Circuit Court of Appeals, Ninth Circuit.

July 7, 1930.

Attorney(s) appearing for the Case

Thomas, Beedy, Presley & Paramore, of San Francisco, Cal., for appellant Thomas Day Co.

Sterling Carr, of San Francisco, Cal., for appellant Symmes.

Knight, Boland & Christin, of San Francisco, Cal., for appellee King.

Theodore J. Savage, of San Francisco, Cal., for appellee Roberts Mfg. Co.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

WILBUR, Circuit Judge.

This is an appeal from an order confirming a receiver's sale of the business and good will of the appellant corporation, Thomas Day Company. The appellant complained of that portion of the order which permits the Roberts Manufacturing Company, the purchaser of the business and good will, "to hold itself out as the successor of Thomas Day Company and as having acquired the good will thereof." The action in which the receiver was appointed and...

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