IN RE WITT DAIRY CO.

No. 31799.

48 F.Supp. 964 (1942)

In re WITT DAIRY CO.

District Court, N. D. California, S. D.

June 20, 1942.


Attorney(s) appearing for the Case

Grant H. Wren and Milton Newmark, both of San Francisco, Cal., for liquidating trustee.

Charles H. Sooy & Charles D. Sooy, of San Francisco, for debtor.

Esther B. Phillips, Asst. U. S. Atty., of San Francisco, Cal., for Collector of Internal Revenue.

Wayne R. Millington and Herbert Pothier, both of San Francisco, Cal., for M. R. Mattei.

Torregano & Stark and Charles M. Stark, all of San Francisco, Cal., for State Finance Co.

Fred G. Goldsworthy, of San Francisco, Cal., for California State Labor Commissioner.

Maurice R. Carey, of San Francisco, Cal., for Mercantile Bond Co.

S. T. Hogevoll, of San Francisco, Cal., for A. Grainger.

Harold E. Haven, of San Francisco, Cal., for Valley Creamery of San Jose et al.

Fabian D. Brown, of San Francisco, Cal., for California State Unemployment Commission.

H. D. Armstrong, of San Francisco, Cal., for Federal Reserve Bank of San Francisco and American Trust Co.

Robert M. Brown, of San Francisco, Cal., for Stanford University.

Harold E. Haven and Courtney L. Moore, both of San Francisco, Cal., for Albert Witt, Jr.

R. V. Bressni and M. Henry Robidoux, both of San Jose, Cal., for Rye Tractor & Equipment Co.

Thomas, Beedy & Paramore and Mark Coleman, all of San Francisco, Cal., for Mack International Motor Truck Corporation.

David Rubenstein and P. Paul Vlautin, Jr., both of San Francisco, Cal., for Edward Olden.

Charles R. Garry, of San Francisco, Cal., for Charles F. Witt, Walter Witt, and Albert Witt, Sr.

Brobeck, Phleger & Harrison, of San Francisco, Cal., for American Trust Co. and certain creditors.

Albert C. Agnew, of San Francisco, Cal., for Federal Reserve Bank of San Francisco and certain creditors.

Torregano & Stark, of San Francisco, Cal., for State Finance Co., and certain creditors.

Crist & Beene, of Palo Alto, Cal., for Harley M. Jenecke.

Andrew J. Eyman, of San Francisco, Cal., for Albert Witt, Sr.

Cooley, Crowley & Supple, of San Francisco, Cal., for Massachusetts Bonding & Investment Co.

Earl Warren, Atty. Gen., and James Arnerich, Deputy Atty. Gen., for W. B. Parker, Director of Agriculture of State of California.

Donald H. Smith, of San Francisco, Cal., for J. F. Serpa and Charles A. Prevost.


ST. SURE, District Judge.

Debtor, a co-partnership, filed its petition under Section 75 of the Bankruptcy Act, 11 U.S.C.A. § 203, on July 31, 1939. On February 5, 1940, this Court approved a plan whereby the co-partnership was dissolved and the assets of the co-partnership were delivered to the four individuals who had comprised it, to be retained by them unless they defaulted in the payment of the obligations of the co-partnership which they had assumed. In...

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