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IN RE THEODORE EBERT & CO.

No. 5431.

77 F.2d 169 (1935)

In re THEODORE EBERT & CO. SPENSLEY v. THEODORE EBERT & CO. et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 8, 1935.

Attorney(s) appearing for the Case

George T. Spensley, of Chicago, Ill., for appellant.

John E. Owens, of Chicago, Ill., for appellee Theodore Ebert & Co.

Louis J. Victor, of Chicago, Ill., for appellee Wieboldt Stores, Inc.

Before EVANS, SPARKS, and FITZ HENRY, Circuit Judges.

Theodore Ebert and Company, a corporation, filed its petition under sections 77A and 77B of the Bankruptcy Act (11 USCA §§ 206, 207) in the United States District Court for the Northern District of Illinois and was, by order of that court, continued in possession of the property after the court approved of the good faith of the debtor and the sufficiency of its petition. By the same order appellant, a judgment creditor of the debtor, was enjoined from taking further...

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