Ward v. Foulkrod
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the Eastern District of Pennsylvania; J. Whitaker Thompson, Judge. Bill by Andrew Wheeler and others, trading as Morris, Wheeler & Co., against the Badenhausen Company, in which John J. Foulkrod, Jr., was appointed receiver. Thereafter Christopher L. Ward and another, who were appointed receivers of the same corporation by the Delaware courts, petitioned for revocation of the appointment of said Koulkrod.
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Appeal from the District Court of the United States for the Eastern District of Pennsylvania; J. Whitaker Thompson, Judge. Bill by Andrew Wheeler and others, trading as Morris, Wheeler & Co., against the Badenhausen Company, in which John J. Foulkrod, Jr., was appointed receiver. Thereafter Christopher L. Ward and another, who were appointed receivers of the same corporation by the Delaware courts, petitioned for revocation of the appointment of said Koulkrod. From a decree denying the petition (260 Fed. 991), petitioners appeal. Affirmed.
1Opinion of the Court
WOOLLEY, Circuit Judge.
The receivers of Badenhausen Company (a Delaware corporation), appointed by the Chancellor of the State of Delaware, petitioned the District Court of the United States for the Eastern District of Pennsylvania to revoke its appointment of a receiver for the same corporation, made after the commencement of the action in the State court, and to order its receiver to- turn over to them all the property of the corporation within its jurisdiction. The District Court dismissed the petition. Thus there occurred a conflict of jurisdiction between State and Federal courts,…
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