FEDERAL AUDIT CORPORATION v. MUTARIELLI

No. 1104.

42 F.Supp. 815 (1942)

FEDERAL AUDIT CORPORATION v. MUTARIELLI et al. (SHIRK, Intervenor).

District Court, E. D. Pennsylvania.

January 21, 1942.


Attorney(s) appearing for the Case

Wade Goble, of Philadelphia, Pa., for plaintiff.

Charles S. Thompson and Wade Goble, both of Philadelphia, Pa., for trustee.

Herbert A. Speiser (of Speiser & Speiser), of Philadelphia, Pa., for defendants.


BARD, District Judge.

This case is before the court on the defendants' motion to dismiss the complaint for failure to state a claim upon which relief can be granted.

The plaintiff is a judgment creditor of the defendant, Patsy Mutarielli, by virtue of a judgment obtained in the Court of Common Pleas of Philadelphia County on October 23, 1933, in the amount of $3,211.43. The defendant filed a voluntary petition in bankruptcy in 1935, scheduling assets of $40...

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