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ROSS v. EUROPEAN MORTG. & INV. CORPORATION

No. 5435.

72 F.2d 825 (1934)

ROSS et al. v. EUROPEAN MORTG. & INV. CORPORATION (SPENCE et al. Interveners).

Circuit Court of Appeals, Third Circuit.

August 2, 1934.

Attorney(s) appearing for the Case

Arthur G. Logan, of Wilmington, Del. (Robt. A. B. Cook, of Boston, Mass., and James R. Morford, of Wilmington, Del., of counsel), for appellants.

Biggs, Biggs, & Lynch, of Wilmington, Del., and Cook, Nathan & Lehman, of New York City (John Biggs, Jr., of Wilmington, Del., Edgar M. Souza, of New York City, and Thomas Epstein, of Brooklyn, N. Y., of counsel), for interveners-appellees.

Richards, Layton & Finger, of Wilmington, Del., for appellees Shepardson and others.

Before DAVIS, Circuit Judge, and JOHNSON and FORMAN, District Judges.

PER CURIAM.

Three creditors, holding bonds of the alleged bankrupt of a face value of $3,000, filed a petition in bankruptcy against the European Mortgage and Investment Company, averring acts of bankruptcy. The alleged bankrupt, its equity receivers, and a protective committee and a creditor, holding a total of over $4,000,000 of the obligations of the alleged bankrupt, have intervened and filed answers and moved to dismiss the petition.

The petition failed...

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