IN RE MORAINE HOTEL CO.

No. 7779.

125 F.2d 359 (1942)

In re MORAINE HOTEL CO. KLEIN v. CUSHING.

Circuit Court of Appeals, Seventh Circuit.

February 4, 1942.


Attorney(s) appearing for the Case

Howard Moses, Chas. Weinfeld, Emanuel Morris, Maurice Weinzelbaum, and Marvin Wallach, all of Chicago, Ill., for appellant.

Joseph L. McNab, Samuel S. Holmes, Albert S. Long, Allan W. Cook, and Joseph T. Scott, all of Chicago, Ill., for appellee.

Before EVANS and SPARKS, Circuit Judges, and LINDLEY, District Judge.


SPARKS, Circuit Judge.

Appellant, the trustee in bankruptcy of the Moraine Hotel Company, appeals from an order of the District Court directing him to discontinue further action on a certain petition theretofore filed by him, on the ground that it lacked jurisdiction in a summary proceeding to grant the relief prayed, but granting him leave to file a plenary action for the same relief.

The petition and exhibits attached thereto set up the following facts:...

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