Irving Trust Co. v. Dommerich

SWAN, Circuit Judge.

This is an appeal by L. F. Dommerich & Co., factors, from an order entered by the District Court, sitting in bankruptcy, enjoining tkem*from prosecuting a suit brought in a state eourt against a trustee in bankruptcy without having obtained leave of the bankruptcy eourt. The purpose of the suit was to obtain an adjudication of the validity of a factor’s lien claimed by the appellants on goods which had been sold by the trustee in bankruptcy pursuant to an order of the bankruptcy court and to impose such lien upon the proceeds of sale held by the trustee. The sale had been…