Legal Opinion

C. B. Porterfield and Morris Margulis, Intervenors v. L. M. Gerstel, Receiver of Metal Extrusions, Inc., Bankrupt

Court of Appeals for the Fifth Circuit

Decided May 10, 1955No. 14913_1PublishedCited by 10 opinions

1Opinion of the Court

TUTTLE, Circuit Judge.

This appeal presents the question as to whether the District Court erred in ratifying and confirming an order of the Referee in Bankruptcy for the Miami Division of the Southern District of Florida dismissing a petition on behalf of owners of 50% of the common stock of a corporate voluntary petitioner in bankruptcy, who were also two of five directors of the corporation, protesting the adjudication and seeking to have it set aside on the ground that the Bankruptcy Court was being improperly and fraudulently used to assist the other 50% stock interest and three directors…

2Cases cited9 opinions

  1. Zeitinger v. Hargadine-Mckittrick Dry Goods Co.Court of Appeals for the Eighth Circuit · 1917
  2. Davis v. GainesSupreme Court of the United States · 1881
  3. Johnson v. McKinnonSupreme Court of Florida · 1907
  4. W. F. Potts Son & Co. v. CochraneCourt of Appeals for the Fifth Circuit · 1932
  5. Cochrane v. W. F. Potts Son & Co.Court of Appeals for the Fifth Circuit · 1931

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3Cited by10 opinions

  1. In Re Coastal Cable T v. Inc., Debtor. Gerald Connell v. Coastal Cable T v. Inc.Court of Appeals for the First Circuit · 1983
  2. In Re KhanUnited States Bankruptcy Court, W.D. Kentucky · 1984
  3. In Re Harvey Probber, Inc.United States Bankruptcy Court, D. Massachusetts · 1984
  4. In Re Fast Food Properties, Ltd. No. 1United States Bankruptcy Court, C.D. California · 1980
  5. C. B. Porterfield and Morris Margulis, Intervenors v. L. M. Gerstel, Receiver of Metal Extrusions, Inc., BankruptCourt of Appeals for the Fifth Circuit · 1957

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