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COMMERCIAL CREDIT CORPORATION v. SKUTT

No. 17693.

341 F.2d 177 (1965)

COMMERCIAL CREDIT CORPORATION, a Nebraska Corporation, Appellant, v. Thomas J. SKUTT, Trustee of Briley Motor Company, Inc., Bankrupt, Appellee.

United States Court of Appeals Eighth Circuit.

February 11, 1965.

Attorney(s) appearing for the Case

George O. Kanouff, Omaha, Neb., made argument for the appellant and filed brief.

William E. Morrow, Jr., Omaha, Neb., made argument for Thomas J. Skutt, Trustee and filed brief.

Before VOGEL, VAN OOSTERHOUT and MEHAFFY, Circuit Judges.

MEHAFFY, Circuit Judge.

This appeal is from an order of the United States District Court for the District of Nebraska entered March 17, 1964, ruling that the effective date of the court's jurisdiction of an involuntary petition in bankruptcy filed by several creditors of Briley Motor Company, Inc. was the date of the filing, June 3, 1963.

The petition failed to allege Briley's insolvency on the filing date, but on June 25, 1963 Briley entered its appearance...

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