Legal Opinion

Schwartz v. Randolph

Court of Appeals for the Fourth Circuit

Decided October 2, 1934No. 3606PublishedCited by 2 opinions

1Opinion of the Court

SOPER, Circuit Judge.

Nathan Schwartz, a creditor of Universal Chain Theatres Corporation, challenged the jurisdiction of the District Court in receivership proceedings to pass on the merits of a contested claim for $79,328.92 filed by him against the corporation, because he had previously brought suit against the corporation on the same claim in the Supreme Court of the state of New York. The District Court overruled the objection to its jurisdiction, and the propriety of this ruling presents the sole question on this appeal.

On February 7, 1933, a suit in equity for the appointment of a…

2Cases cited17 opinions

  1. Kline v. Burke Construction Co.Supreme Court of the United States · 1922
  2. McClellan v. CarlandSupreme Court of the United States · 1910
  3. Cole v. CunninghamSupreme Court of the United States · 1890
  4. Chicago, Rock Island & Pacific Railway Co. v. SchendelSupreme Court of the United States · 1926
  5. Riehle v. MargoliesSupreme Court of the United States · 1929

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3Cited by2 opinions

  1. Railroad Credit Corporation v. HawkinsCourt of Appeals for the Fourth Circuit · 1936
  2. Hinton v. Seaboard Air Line R.Court of Appeals for the Fourth Circuit · 1948

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