Weintraub v. Fitzgerald Bros. Brewing Co.

RIFKIND, District Judge.

Defendant Fitzgerald, asserting that the court lacks jurisdiction of the subject matter, moves for an order dismissing the second cause of action.

Plaintiff sues in the capacity of trustee in bankruptcy of 825 Broadway Restaurant, Inc. (hereinafter called “the bankrupt”). The bankrupt commenced proceedings in this court on August 16, 1939, by filing its petition under Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq. In due course, by order of September 7, 1939, plaintiff was appointed tentative trustee. On February 13, 1940, an order of adjudication was…