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TRANSPORT INDEMNITY COMPANY v. HOFER TRUCK SALES

No. KC-3342.

339 F.Supp. 247 (1971)

TRANSPORT INDEMNITY COMPANY, an Insurance Corporation, and Insured Transporters, Inc., Plaintiffs, v. HOFER TRUCK SALES et al., Defendants.

United States District Court, D. Kansas.

December 28, 1971.

Attorney(s) appearing for the Case

Larry E. Benson, of Weeks, Thomas, Lysaught, Bingham & Johnston, Chartered, Kansas City, Kan., for plaintiffs.

Randall D. Palmer, Keller, Wilbert, Palmer & Lassman, Pittsburg, Kan., Truman K. Eldridge, Jr., Kansas City, Mo., for Hofer Truck Sales.

Lawrence M. Walker, of Walker & Phalen, Pittsburg, Kan., for Overland, Inc.

Keeth R. Jones, Pittsburg, Kan., for Orlando.

Robert E. Fabian, of McAnany, Van Cleave & Phillips, Kansas City, Kan., for Sober, Inc.

MEMORANDUM AND ORDER

O'CONNOR, District Judge.

The motion to dismiss of defendant Overland, Inc., raises the question of the jurisdiction of the District Court in this matter.

Overland, Inc. filed a voluntary petition for adjudication as a bankrupt and was so adjudicated on March 15, 1971. After this suit was filed on May 26, 1971, Overland, Inc. moved to dismiss the petition as well as the cross-petition...

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