Emerson v. Castor
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Ohio, in Bankruptcy; John H. Clarke, Judge. In the matter of the bankruptcy of the Cataract Rubber Company. Proceeding by Robert S. Emerson, as trustee in bankruptcy and as receiver of the bankrupt, and another, for the recovery of property against which Charles A. Castor and others asserted liens and priorities.
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Ohio, in Bankruptcy; John H. Clarke, Judge. In the matter of the bankruptcy of the Cataract Rubber Company. Proceeding by Robert S. Emerson, as trustee in bankruptcy and as receiver of the bankrupt, and another, for the recovery of property against which Charles A. Castor and others asserted liens and priorities. From a decree upholding the liens, the receiver and trustee appeals. The Cataract Rubber Company was incorporated.under the laws of the state of New York, and its principal place…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). The ultimate question concerns the distribution of the fund pointed out in the statement. The appellants contend that the fund should be turned over to the court of primary jurisdiction, the District Court of Rhode Island, sitting in bankruptcy, for purposes of distribution among all the creditors of the bankrupt estate. The appellees, who are the nine labor claimants, insist that tire court below, sitting in bankruptcy and as the ancillary tribunal, is empowered to pass upon the questions of priority and to provide for applying the fund accordingly.
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2Cases cited28 opinions
- Graham v. West VirginiaSupreme Court of the United States · 1912
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Babbitt v. DutcherSupreme Court of the United States · 1910
- Henderson v. MayerSupreme Court of the United States · 1912
- Houghton v. BurdenSupreme Court of the United States · 1913
23 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Page v. Arkansas Natural Gas CorporationCourt of Appeals for the Eighth Circuit · 1931
- Butler v. EllisCourt of Appeals for the Fourth Circuit · 1930
- In Re Schulte-UnitedCourt of Appeals for the Eighth Circuit · 1932
- Kennison v. KanzlerCourt of Appeals for the Sixth Circuit · 1925
- Tidewater Plumbing Supply Co. v. SchimmelCourt of Appeals for the Fourth Circuit · 1924
6 more not listed; retrieve them via the Exa API.