In Re Oakland Popcorn Supply, Inc.

ZIRPOLI, District Judge.

Glen D. Neece and Mazie M. Neece, stockholders in the bankrupt corporation, seek review of the Referee’s order of June 8, 1962 denying their petition to dismiss this bankruptcy proceeding. Because of the unusual posture in which this proceeding comes before the Court, a somewhat detailed account of its procedural history is a prerequisite to consideration of the issues tendered on this review.

This proceeding was initiated on July 12, 1961 by an involuntary petition filed by L. Cotter, a creditor of the bankrupt by reason of an assignment to him of the claim of Vogel &…