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SHEARIN v. CORTEZ OIL CO.

No. 8436.

92 F.2d 855 (1937)

SHEARIN v. CORTEZ OIL CO.

Circuit Court of Appeals, Fifth Circuit.

November 27, 1937.

Attorney(s) appearing for the Case

Richard U. Simon and U. M. Simon, both of Fort Worth, Tex., for appellants.

R. M. Rowland, W. M. Short, and J. E. Whitmore, all of Fort Worth, Tex., for appellees.

Before FOSTER and SIBLEY, Circuit Judges, and STRUM, District Judge.

SIBLEY, Circuit Judge.

The Cortez Oil Company was on December 30, 1936, adjudicated a bankrupt on a voluntary petition which scheduled debts amounting to $39,454 and assets estimated at $31,522. On January 28, 1937, Russell Shearin as a stockholder, McGinley Corporation as a stockholder and creditor, and U. M. Simon as a director of the corporation joined in a motion to vacate the adjudication. The bankrupt and its trustee in bankruptcy resisted by motions to strike...

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