OLD FORT IMPROVEMENT CO. v. LEA

No. 4107.

89 F.2d 286 (1937)

OLD FORT IMPROVEMENT CO. v. LEA et al.

Circuit Court of Appeals, Fourth Circuit.

April 6, 1937.


Attorney(s) appearing for the Case

L. E. Purdy, of Sumter, S. C., and R. C. Horne, Jr., of Washington, D. C., for appellant.

William J. Thomas, of Beaufort, S. C. (Thomas & Thomas, of Beaufort, S. C., on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.


SOPER, Circuit Judge.

The question to be decided in this case is whether the Old Fort Improvement Company, a South Carolina corporation, was entitled in 1936 to file a petition for reorganization under section 77B of the Bankruptcy Act, as amended, 11 U.S.C.A. § 207, although a receiver had been appointed for the corporation by a court of the state in 1927 and the receivership was still pending when the petition for reorganization was filed, and although the...

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