In re Gunning

SCHWELLENBACH, District Judge.

In my opinion filed April 18, 1941, I reserved decision upon two questions raised by the debtors’ counsel for the reason that they involved mixed questions of law and fact. Counsel on both sides were anxious that the main question be decided by me as speedily as possible. Since that time the Conciliation Commissioner has taken testimony concerning these points and both counsel have requested that I write an opinion concerning the first of these points which I stated in my previous opinion as follows [38 F.Supp. 500, 503]: “That the failure to file the memorandum…