STEARNS & FOSTER CO. v. PACIFIC BOWLING & BILLIARD CO.

No. 21421.

391 F.2d 750 (1968)

STEARNS & FOSTER COMPANY, a corporation, R. S. Owens & Company, a corporation, and Clarke Floor Machine, Div. of Studebaker Industries, a corporation, Appellants, v. PACIFIC BOWLING & BILLIARD CO., a Washington corporation, Appellee.

United States Court of Appeals Ninth Circuit.

March 25, 1968.


Attorney(s) appearing for the Case

Leon Uziel (argued), of Uziel & Faltys, Malcolm L. Edwards, Seattle, Wash., for appellant.

Jerome Shulkin (argued), Seattle, Wash., for appellee.

Before MERRILL and BROWNING, Circuit Judges, and JAMESON, District Judge.


JAMESON, District Judge:

On June 22, 1965, appellants filed a creditor's petition seeking to have appellee adjudicated a bankrupt and alleging as acts of bankruptcy (1) preference, (2) fraudulent transfer, and (3) appointment of a receiver or trustee. On November 30, 1965, an order was entered by the Referee in Bankruptcy adjudicating appellee a bankrupt on the basis of Section 3a(5) of the Bankruptcy Act, 11 U.S.C. § 21a(5), which provides in pertinent part...

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