In the Matter of IMPERIAL "400" NATIONAL, INC., a Delaware corp., Bristol Financial Corporation, a New Jersey corp., Imperial "400" Corporation, a Nevada corp., Imperial "400" Land Corporation, a Delaware corp., Motor Hotel Properties, Inc., a New Jersey corp., Trans-National Development Corporation, a New Jersey corp., Four Hundred Construction Corporation, a Delaware corp., National Motel Construction Company, a California corp., and Trans-World Motel Supply Corporation, a California corp., Management Directions, Inc., Debtors.
Appeal of Douglas I. KUBALL.
Appeal of Mary Ellen KUBALL.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued June 5, 1970.
Decided July 23, 1970.
Attorney(s) appearing for the Case
F. A. Jones, Hartwig, Crow & Jones, Benton Harbor, Mich., for appellants.
Joseph M. Nolan, Nolan & Lynes, Newark, N. J. (Ernest R. Nuzzo, Newark, N. J., on the brief), for trustee.
Sheldon Schachter, Kleinberg, Moroney, Masterson & Schachter, Newark, N. J. (Henry S. Gordon, Newark, N. J., on the brief), for Unsecured Creditors Committee.
Paul Gonson, Asst. Gen. Counsel, Securities and Exchange Commission, Washington, D. C. (Philip A. Loomis, Jr., Gen. Counsel, David Ferber, Solicitor, James J. Sexton, III, Atty., Securities and Exchange Commission, Washington, D. C., Edwin H. Nordlinger, Special Counsel, Securities and Exchange Commission, New York City, on the brief), for Securities and Exchange Commission.
Before FREEDMAN, VAN DUSEN and ADAMS, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
ADAMS, Circuit Judge.
This case involves a "clash of jurisdiction" between two federal district courts1 — the District Court for the District of New Jersey, which has jurisdiction of Imperial "400" National, Inc., presently undergoing a Chapter X reorganization, and the District Court for the Western District of Michigan where Appellants here, Douglas I. Kuball and Mary Ellen Kuball, filed a bankruptcy...
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