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MUFFLER v. PETTICREW REAL ESTATE CO.

No. 9264.

132 F.2d 479 (1942)

MUFFLER et al. v. PETTICREW REAL ESTATE CO.

Circuit Court of Appeals, Sixth Circuit.

As Amended on Denial of Rehearing February 4, 1943.

Attorney(s) appearing for the Case

Roscoe C. Lorentz, of Springfield, Ohio (Roscoe C. Lorentz and George W. Tehan, both of Springfield, Ohio, on the brief), for appellants.

Sidney G. Kusworm, of Dayton, Ohio (Kusworm & Kusworm, of Dayton, Ohio, on the brief), for appellee.

Before SIMONS, ALLEN, and McALLISTER, Circuit Judges.

ALLEN, Circuit Judge.

This case presents a problem of conflicting jurisdiction between a state court and the federal court. It arises out of the denial by the federal court of a motion to vacate an adjudication of bankruptcy, to set aside an order of reference, to dismiss the bankrupt's petition, and to dissolve a restraining order theretofore issued enjoining proceedings in the state court. The state court receiver and two mortgagees who were parties to the state...

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