In re Free Gold Mining & Milling Co.

BOURQUES, District Judge.

The petitioner to vacate the adjudication that the corporation is a voluntary bankrupt is its president and a director and stockholder. It appears that a majority of the directors having illegally assumed to remove petitioner and another from the board, also likewise assumed in special meeting' convened without notice and at which petitioner was not present, to authorize the proceeding in bankruptcy.

The preliminaries invalid, and of this Montana corporation not the directors but stockholders only having power to authorize bankruptcy proceedings (In re Crystal Ice Co.…