KERSHAW v. WICK NARROW FABRIC CO.

No. 6103.

84 F.2d 564 (1936)

KERSHAW v. WICK NARROW FABRIC CO. et al.

Circuit Court of Appeals, Third Circuit.

June 15, 1936.


Attorney(s) appearing for the Case

Raymond E. Zickel and Howard M. Lutz, both of Media, Pa. (Lutz, Ervin, Reeser & Fronefield, of Media, Pa., of counsel), for appellant.

M. Norman Dubois, Michael A. Spatola, and Harry S. Abrams, all of Philadelphia, Pa., for appellees.

Before BUFFINGTON, Circuit Judge, and DICKINSON and FORMAN, District Judges.


PER CURIAM.

When the requisite number of creditors signed the petition for reorganization and signified their assent, that was a jurisdictional fact which carried the case before the referee and he was right in refusing to dismiss the case when they changed their minds. But that did not close the matter. The reorganization proposed was still open, and any creditor had a right to change his mind on reflection. The stipulation shows that at the meeting before the referee...

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