FIDELITY ASSURANCE ASSN. v. SIMS

No. 319.

318 U.S. 608 (1943)

FIDELITY ASSURANCE ASSOCIATION ET AL. v. SIMS, AUDITOR OF THE STATE OF WEST VIRGINIA, ET AL.

Supreme Court of United States.

Decided April 5, 1943.


Attorney(s) appearing for the Case

Mr. Homer A. Holt, with whom Messrs. James R. Fleming, John V. Ray, and T.C. Townsend were on the brief, for petitioners.

Mr. John F. Davis, with whom Solicitor General Fahy and Messrs. Richard S. Salant, Homer Kripke, and Justin N. Reinhardt were on the brief, for the Securities & Exchange Commission; Mr. H. Vernon Eney, with whom Mr. Guy B. Brown was on the brief, for John B. Gontrum, Insurance Commissioner of Maryland; Mr. Rickard H. Lauritzen, Assistant Attorney General of Wisconsin, with whom Messrs. James Ward Rector, Deputy Attorney General, Carl J. Stephens, and Ben C. Buckingham were on the brief, for the Banking Commission of Wisconsin et al.; Mr. Fyke Farmer, with whom Messrs. Nat Tipton, Assistant Attorney General of Tennessee, Weldon B. White, and Rudolph K. Schurr were on the brief, for L.H. Brooks, Trustee, et al.; and Mr. J. Campbell Palmer, III, with whom Mr. Ira J. Partlow was on the brief, for Edgar B. Sims, Auditor of West Virginia, et al., — respondents.

Mr. Harry L. Deibel filed a brief on behalf of Victor Salkeld et al., as amici curiae, urging reversal. A joint brief as amici curiae was filed on behalf of the States and state officials of Alabama, California, Delaware, Illinois, Indiana, Kansas, Kentucky, Louisiana, Nebraska, North Dakota, Ohio, Oregon, Texas, Utah, and Washington, and the state court receiver of Virginia, urging affirmance.


MR. JUSTICE ROBERTS delivered the opinion of the Court.

This case presents important questions concerning the construction of Chapter X of the Bankruptcy Act.1 Many states of the Union are interested because of the asserted incidence of its provisions upon state laws and rights thereby created. A number of state officers are parties.

Fidelity Assurance Association, a West Virginia corporation...

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