In re Sargent Lumber Co.

TRIEBER, District Judge.

This is a motion in behalf of creditors of the bankrupts, who had on a previous day been adjudicated bankrupts on a voluntary petition, to set aside the adjudication upon the ground that the bankrupt is a trust and not entitled to the benefits of the Bankruptcy Act.

The facts are that the bankrupts formed a voluntary, unincorporated association. The articles provided that the members be given shares for their respective contributions to the capital fund and that they are to elect three trustees annually at an annual meeting of the shareholders, to be held on a day…