MacLeod v. Cohen-Erichs Corporation

HULBERT, District Judge.

Plaintiffs bring this action jointly, each being a trustee in bankruptcy, of a separate estate, to set aside transfers and payments of money to defendant as fraudulent and preferential.

Defendant has answered and set up certain affirmative matters pursuant to Rule 12(b), Rules of Civil Procedure, 28 U.S.C.A. following section 723c, (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, and (3) failure to state a claim upon which relief can be granted.

Plaintiffs apply in accordance with Rule 12(d) for the present disposition thereof.

Th…