HOLLYWOOD YOUTHS v. MISTROT

No. 16598.

246 F.2d 399 (1957)

HOLLYWOOD YOUTHS, Inc.; Dixie Lou Frocks Incorporated: Churchill Weavers, Inc.; Jack Chuver, d/b/a Banner Maid Co.; Euclid Sportswear Co.; I. Jablow & Co., Inc.; M. Broder, and Abe Reinis & Sons, Inc., Appellants, v. D. D. MISTROT, Alleged Bankrupt, Appellee.

United States Court of Appeals Fifth Circuit.

July 19, 1957.


Attorney(s) appearing for the Case

David L. May, Ross, Banks & May, Houston, Tex., for petitioning creditors-appellants, Hollywood Youths, Inc., Dixie Lou Frocks, Inc., Churchill Weavers, Inc., Jack Chuver, d/b/a Banner Maid Co., Euclid Sportswear Co., I. Jablow & Co., Inc., M. Broder, and Abe Reinis & Sons, Inc.

Seymour Lieberman, Houston, Tex., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and CAMERON, Circuit Judges.


PER CURIAM.

Presented here is the simple question whether the court below erred in setting aside a default order adjudicating appellee a bankrupt pursuant to service by publication, upon his motion filed within forty-four days setting up that he was available for service within the district; and where appellants made no showing that he was not in the district or available for personal service of process. The argument before us by both parties proceeds upon the assumption...

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