Middle West Utilities Co. v. Boyte

FITZHENRY, Circuit Judge.

This appeal was allowed by this court from an order overruling appellant’s motion to strike portions of appellees’ (petitioning creditors) petition for adjudication of appellant in bankruptcy and requiring appellees to specify the acts of bankruptcy relied on. Appellees promptly moved to vacate the order allowing the appeal, which motion was taken under advisement to be determined by the full court upon the hearing of the merits of the appeal.

The original petition, filed April 15,1932, alleged preferential payments.1 An amended petition, filed July 13,1932, in…