Legal Opinion
In re Guardian Investors Corp.
District Court, S.D. New York
Decided March 31, 1941Published
1Opinion of the Court
LEIBELL, District Judge.
Three debenture holders, whose claims aggregate $56,000, have filed an involuntary petition pursuant to Chapter X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq., for reorganization of the above named corporation.
The debtor has filed an answer controverting material allegations in the petition, but at the same time has moved, under Federal Rules of Civil Procedure, rule 56, 28 U.S.C.A. following section 723c, for summary judgment dismissing the petition on the grounds that (a) it fails to state the requisite jurisdictional facts, and (b) it fails to allege facts…
2Cases cited6 opinions
- In re CondonCourt of Appeals for the Second Circuit · 1913
- Houchin Sales Co. v. AngertCourt of Appeals for the Eighth Circuit · 1926
- Tiffany v. LucasSupreme Court of the United States · 1873
- Cohen v. Eleven West 42nd Street, Inc.Court of Appeals for the Second Circuit · 1940
- Eastern Drug Co. v. Bieringer-Hanauer Co.Court of Appeals for the First Circuit · 1925
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