Metropolitan Life Ins. v. Rubin's Department Store, Inc.

LINDLEY, District Judge.

On December 19, 1931, an involuntary petition in bankruptcy was filed against the appellee. Schedules were filed and a composition was offered, which, in due course, was, on March 17, 1932, accepted and confirmed. On that date the District Court, in addition to confirming the composition, ordered that distribution should be made by the clerk and that the referee “retain jurisdiction to pass on all claims.” No further order appears in the record until, on November 3, 1932, appellant filed a petition for leave to make appellee a party defendant in its suit for…