Ozan Lumber Co. v. Davis Sewing Mach. Co.

MORRIS, District Judge.

This is a motion to dismiss a creditors’ bill wherein Ozan Dumber Company, an Arkansas corporation, and George T. Priest, a citizen of Missouri, are plaintiffs, and the Davis Sewing Machine Company, a Delaware corporation, the transferee of certain assets of Blue Bird Manufacturing Company, also a Delaware corporation, is defendant. The plaintiffs are simple contract creditors of Blue Bird Manufacturing Company.

The grounds of the motion to dismiss are (1) that plaintiffs have not reduced their claims to judgment; and (2) that the Blue Bird Manufacturing Company is an…