Oregon Eilers Music House v. Sitton
Court of Appeals for the Ninth Circuit
Petition to Superintend and Revise Decree in Bankruptcy of, and Appeal from, the District Court of the United States for the District of Oregon; Robert S. Bean, Judge. On rehearing.
1Opinion of the Court
GILBERT, Circuit Judge.
Rehearing was ordered in these cases on the representation of the appellant that a valid defense to the suits existed in the fact that, before the institution of these proceedings in the court of bankruptcy which were reviewed in this court on appeal, a plenary suit between the same parties and involving the same subject-matter was begun by the trustee in bankruptcy in a state courl of the state of Oregon, which action was still pending.
The facts disclosed by the record are that on August 21, 1918, the trustee petitioned the court of bankruptcy for instructions, stating…
2Cases cited16 opinions
- McClellan v. CarlandSupreme Court of the United States · 1910
- Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Barber Asphalt Pav. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1904
- Stephens v. Monongahela BankSupreme Court of the United States · 1884
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3Cited by9 opinions
- Central Republic Bank & Trust Co. v. CaldwellCourt of Appeals for the Eighth Circuit · 1932
- Platt v. Bradner Co.Washington Supreme Court · 1924
- In re Patterson-MacDonald Shipbuilding Co.District Court, W.D. Washington · 1922
- Walker v. Southwest Mines Development Co.Arizona Supreme Court · 1938
- Hill v. DouglassCourt of Appeals for the Ninth Circuit · 1935
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