IN RE ROSENBAUM GRAIN CORPORATION

No. 6650.

103 F.2d 656 (1939)

In re ROSENBAUM GRAIN CORPORATION. NAIRN v. J. A. ACOSTA & CO. et al.

Circuit Court of Appeals, Seventh Circuit.

May 4, 1939.


Attorney(s) appearing for the Case

George E. Q. Johnson, Luther D. Swanstrom, Walter E. Wiles, and William B. Basile, all of Chicago, Ill., for appellant.

John V. Norcross, William Ruger, and James A. Velde, all of Chicago, Ill., for appellees.

Weymouth Kirkland and Charles M. Rush, both of Chicago, Ill., for appellee McDonnell & Co.

Orville J. Taylor and John S. Miller, both of Chicago, Ill., for appellee Hayden, Stone & Co.

Walter Bachrach, Hamilton Moses, S. Sidney Stein, Robert Bachrach, and Herbert H. Kennedy, all of Chicago, Ill. (J. H. Oppenheim, of Chicago, Ill., of counsel), for appellees Prentice & Slepack and Maloney, Anderson & Block.

Lederer, Livingston, Kahn, Adler & Adsit, Charles Lederer and Philip C. Lederer, all of Chicago, Ill., for appellee Tucker Anthony & Co.

Matthews, Harmon, Karr & Springer and Joseph R. Harmon, all of Chicago, Ill., for appellees Francis I. du Pont & Co. and Kean, Taylor & Co.

Before SPARKS, TREANOR, and KERNER, Circuit Judges.


KERNER, Circuit Judge.

In this case John L. Nairn, trustee of the estate of Rosenbaum Grain Corporation, appeals from an order allowing setoffs under Section 68a of the Bankruptcy Act on the ground that the claims in question lack mutuality. 11 U.S.C.A. § 108(a) provides that "In all cases of mutual debts or mutual credits between the estate of a bankrupt and a creditor the account shall be stated and one debt shall be set off against the other, and the balance...

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