BURNS BROS. v. COOK COAL CO.

No. 4409.

46 F.2d 31 (1931)

BURNS BROS. et al. v. COOK COAL CO.

Circuit Court of Appeals, Third Circuit.

January 8, 1931


Attorney(s) appearing for the Case

Michael Sokol, of Newark, N. J., for appellants.

Samuel S. Ferster, of Newark, N. J., for appellee.

Before WOOLLEY, Circuit Judge, and THOMSON and WATSON, District Judges.


WOOLLEY, Circuit Judge.

Although the record is informal almost to the point of being fatally defective we are disposed, in view of the "plain error" it discloses, to take the appeal within the spirit of our Rule 11 and decide the case on the merits.

After answering an involuntary petition in bankruptcy, the coal company, the alleged bankrupt which we shall call the debtor, resorting to section 19 of the Bankruptcy Act (11 USCA § 42), demanded and was...

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