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McDONOUGH v. OWL DRUG CO.

No. 7485.

75 F.2d 45 (1935)

McDONOUGH et al. v. OWL DRUG CO. et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied March 4, 1935.

Attorney(s) appearing for the Case

Herbert W. Erskine, Bertram H. Ross, Joseph E. Bien, Samuel T. Bush, and William H. Penaat, all of San Francisco, Cal., for appellants.

William M. Kearney, of Reno, Nev., and John Francis Neylan, Bartley C. Crum, and Chickering & Gregory, all of San Francisco, Cal., for appellee Owl Drug Co.

Thatcher & Woodburn, Geo. B. Thatcher, Wm. Woodburn, and Wm. J. Forman, all of Reno, Nev., and Clarence A. Shuey and Grant H. Wren, both of San Francisco, Cal., for appellee Edler, trustee.

Before GARRECHT, Circuit Judge, and WEBSTER, District Judge.

WEBSTER, District Judge.

Appellants, preferred stockholders of the Owl Drug Company, a corporation, organized under the laws of the state of Nevada, are prosecuting this appeal from an order or judgment of the District Court for the District of Nevada — the Honorable Jeremiah Neterer presiding — dismissing, on motion of the appellees, appellants' petition praying that the order of the District Court adjudging the Owl Drug Company a bankrupt be set aside...

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