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SIMS v. CENTRAL TRUST CO.

Nos. 4845, 4858.

123 F.2d 89 (1941)

SIMS, Auditor and Ex-Officio Ins. Com'r of West Virginia, et al. v. CENTRAL TRUST CO. In re FIDELITY ASSUR. ASS'N. SIMS, Auditor and Ex-Officio Ins. Com'r of West Virginia, et al. v. MOORE, District Judge.

Circuit Court of Appeals, Fourth Circuit.

October 21, 1941.

Attorney(s) appearing for the Case

J. Campbell Palmer, III, of Wheeling, W. Va., and Clarence W. Meadows, Atty. Gen. of West Virginia Ira J. Partlow, Asst. Atty. Gen. of West Virginia, on the brief), for appellants and petitioners.

H. Vernon Eney, of Baltimore, Md. (Guy B. Brown, of Baltimore, Md., on the brief), for John B. Gontrum, Ins. Com'r of Maryland, as amicus curiae.

Raymond Huwe, of Cincinnati, Ohio (John J. Rivers, of Cincinnati, Ohio, on the brief), for Ohio-Kentucky-Indiana Creditors Committee and another as amici curiae.

Homer Kripke, of Washington, D. C., Atty. Securities and Exchange Commission (Chester T. Lane, Gen. Counsel, and Justin N. Reinhardt and Seymour J. Rubin, Attys., all of Washington, D. C., on the brief), for Securities & Exchange Commission.

Hillis Townsend and T. C. Townsend, both of Charleston, W. Va. (W. J. Thompson, of St. Albans, W. Va., on the brief), for appellee and respondent.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PER CURIAM.

On June 6, 1941, the Fidelity Assurance Association filed in the court below a petition as debtor under chapter 10 of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq. By order entered on the same day the petition was approved and Central Trust Company was appointed trustee, and receivers appointed by a state court in West Virginia and receivers appointed in other states were directed to turn over to the trustee all assets of the debtor in their possession...

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