IN RE WESTERN GEAR CO.

No. 12190.

53 F.2d 644 (1931)

In re WESTERN GEAR CO. In re IRELAND & MATTHEWS PROPERTIES CO.

District Court, E. D. Michigan, S. D.

November 12, 1931.


Attorney(s) appearing for the Case

Bulkley, Ledyard, Dickinson & Wright, of Detroit, Mich., for petitioning creditor.

Fixel & Fixel, of Detroit, Mich., for bankrupt.


SIMONS, District Judge.

This is a motion by the bankrupt to dismiss an involuntary petition in bankruptcy filed against it, on the ground that such petition shows that the petitioning creditor therein was not a creditor of the bankrupt at the time of the commission of the act of bankruptcy charged in the petition.

The sole question now presented for decision is whether a person who was not a creditor of a bankrupt when the alleged act of bankruptcy was committed...

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