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IN RE CUYAHOGA FINANCE CO.

No. 9378.

136 F.2d 18 (1943)

In re CUYAHOGA FINANCE CO. LAKE SHORE FINANCE CORPORATION v. WEIR.

Circuit Court of Appeals, Sixth Circuit.

June 7, 1943.

Attorney(s) appearing for the Case

Morton M. Stotter, of Cleveland, Ohio, for appellant.

H. Walter Stewart, of Cleveland, Ohio (H. Walter Stewart and Thompson, Hine & Flory, all of Cleveland, Ohio, on the brief), for appellee.

Richard B. Ainsworth, of Philadelphia, Pa. (John F. Davis, of Philadelphia, Pa., Charles J. Odenweller, Jr., of Cleveland, Ohio, Louis Loss, of Philadelphia, Pa., and Richard B. Ainsworth, of Cleveland, Ohio, on the brief), for Securities and Exchange Commission.

Before ALLEN, HAMILTON, and MARTIN, Circuit Judges.

HAMILTON, Circuit Judge.

This case presents the following questions: (a) In a reorganization proceeding under Chapter 10 of the Bankruptcy Act, 11 U.S.C.A. §§ 511 to 517, inclusive, does the Bankruptcy Court have jurisdiction to determine in a summary action, set-offs against the debtor's obligation to a pledgee creditor, such creditor having possession of the pledged assets where the creditor declines to file a claim or otherwise consent to the jurisdiction...

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