Burton v. Browning

EVANS, Circuit Judge.

Appellee, Freeman Coal Mining Corporation, hereafter called Freeman Company, moves to dismiss this bankruptcy appeal on the ground of frivolousness of appeal, lack of right of party appealing to appear in the bankruptcy proceedings, and res ad judicata.

Appellant is the widow and administra-trix of Frederic Burton who was an officer and stockholder of the Burton Coal Company, one of the three companies which was reorganized. His stock had been pledged as collateral to the Continental Bank, and sold as a result thereof. Appellant petitioned the District Court, June 26,…