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IN RE J.J.S. CO.

No. 18806.

445 F.2d 138 (1971)

In the Matter of J. J. S. CO., Inc., an Alleged Bankrupt. J. J. S. CO., Inc., Respondent-Appellant, v. Jerome SACKS et al., Petitioners-Appellees.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied July 14, 1971.

Attorney(s) appearing for the Case

John P. Price, Sherwood Blue, Indianapolis, Ind., for respondent-appellant; Blue & Roberts, Hamill, Price & Carroll Indianapolis, Ind., of counsel.

Marvin T. Bornstein, F. Pen Cosby, Indianapolis, Ind., for petitioners-appellees.

Before SWYGERT, Chief Judge, CASTLE, Senior Circuit Judge, and CUMMINGS, Circuit Judge.

CASTLE, Senior Circuit Judge.

J.J.S. Co., Inc. prosecutes this appeal from an order of the District Court, entered on petition for review, affirming the bankruptcy referee's findings of fact, conclusions of law and decision adjudicating J.J.S. Co. a bankrupt. The principal contested issues which are precipitated by this appeal are (1) whether the appellees qualify as petitioning creditors and constitute the requisite number to support the involuntary adjudication...

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