SIMONS, Circuit Judge.
In a reorganization proceeding under § 77B of the Bankruptcy Act, 11 U.S.C.A. § 207, begun by appellee on petition of September 7, 1934, the debtor corporation's plan of reorganization was approved and confirmed on June 12, 1935. Nearly five years later, on February 4, 1940, the appellant, a stockholder of the debtor, and with knowledge of the reorganization proceedings, began in the state court a derivative suit against the debtor...
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