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ATLANTA F. & INSULATION CO. v. OBERDORFER INS. AGENCY

No. 10626.

136 F.2d 457 (1943)

ATLANTA FLOORING & INSULATION CO., Inc., et al. v. OBERDORFER INS. AGENCY et al.

Circuit Court of Appeals, Fifth Circuit.

June 25, 1943.

Attorney(s) appearing for the Case

O. C. Hancock, C. R. Wheeless, and Wm. A. Fuller, all of Atlanta, Ga., for appellants.

Benton E. Gaines, J. Kurt Holland, and Jos. J. Fine, all of Atlanta, Ga., for appellees.

Before HUTCHESON, HOLMES, and WALLER, Circuit Judges.

HUTCHESON, Circuit Judge.

The receiver in Bankruptcy of the estate of S. Yoshinuma, bankrupt, appeals from a denial of his petition for a turn-over order to be directed to a Georgia State Court receiver. It presents the single question whether the referee as Special Master and the district judge were right in holding that the "bankruptcy proceeding having been instituted more than four months after the filing of the bill in the state court, its appointment of the...

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