City of Holland v. Holland City Gas Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Southern Division of the Western District of Michigan; Clarence W. Sessions, Judge. Intervening petition by the City .of Holland and Evert P. Stephan to vacate and set aside an order adjudging the Holland City Gas Company a bankrupt, as well as the bankruptcy proceeding itself, against the Gas Company and the Grand Rapids Trust Company, trustee in bankruptcy.
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Appeal from the District Court of the United States for the Southern Division of the Western District of Michigan; Clarence W. Sessions, Judge. Intervening petition by the City .of Holland and Evert P. Stephan to vacate and set aside an order adjudging the Holland City Gas Company a bankrupt, as well as the bankruptcy proceeding itself, against the Gas Company and the Grand Rapids Trust Company, trustee in bankruptcy. Erom an order dismissing the petition, petitioners appeal. Appeal from dismissal of Intervening petition to vacate and set aside order adjudging Holland City Gas Company a…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). Counsel urge the claims of appellants in the following order: (1) The Delaware company is bound to perform the gas contract; (2) the court-below was without jurisdiction, since under the Bankruptcy Act the gas company has no right to become a bankrupt; (3) a public service corporation cannot under the amendment of 1910 become a voluntary bankrupt; (4) the gas company has no real existence apart from the Delaware company; (5) the case is a fraud upon the courts and the public.
[1] The second and third claims involve questions of law which may be passed for…
2Cases cited31 opinions
- Northern Securities Co. v. United StatesSupreme Court of the United States · 1904
- Chicago, Milwaukee & St. Paul Railway Co. v. Minneapolis Civic & Commerce Ass'nSupreme Court of the United States · 1918
- Peterson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1907
- Gibbs v. Consolidated Gas Co. of BaltimoreSupreme Court of the United States · 1889
- Pulllman's Palace Car Co. v. Missouri Pacific Railway Co.Supreme Court of the United States · 1885
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3Cited by7 opinions
- Majestic Co. v. Orpheum Circuit, Inc.Court of Appeals for the Eighth Circuit · 1927
- Taylor v. Standard Gas & Electric Co.Court of Appeals for the Tenth Circuit · 1938
- Owl Fumigating Corporation v. California Cyanide Co.District Court, D. Delaware · 1928
- City of Toledo v. Toledo Rys. & Light Co.Court of Appeals for the Sixth Circuit · 1919
- FIRST NAT. BANK IN ALBUQUERQUE v. RobinsonCourt of Appeals for the Tenth Circuit · 1939
2 more not listed; retrieve them via the Exa API.