Campbell v. Corporation of America

Ninth Circuit

Campbell v. Corporation of America

90 F.2d 102, 1937 U.S. App. LEXIS 3774

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 4, 1937

DocketNo. 8151

StatusPublished

Cited by2 cases

This text of 90 F.2d 102 (Campbell v. Corporation of America) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Campbell v. Corporation of America, 90 F.2d 102, 1937 U.S. App. LEXIS 3774 (9th Cir. 1937).

Pincite

Opinion

MATHEWS, Circuit Judge.

On April 11, 1935, appellant filed her petition praying for relief un'der subsections (a) to- (r), inclusive, of section 75 of the Bankruptcy Act.¹ On September 26, 1935, she filed her amended petition, asking to be adjudged a bankrupt, pursuant to subsection (s) of section 75, as amended by the FrazierLemke Act of August 28, 1935, c. 792, § 6, 49 Stat. 943 (11 U.S.C.A. § 203(s). The District Court made such order of adjudication on September 28, 1935. On January 21, 1936, appellee, a creditor of appellant, moved to dismiss the proceeding, on the ground that subsection (s) of section 75, as amended by the Frazier-Lemke Act of August 28, 1935, was unconstitutional. On that ground alone the District Court on February 18, 1936, granted appellee’s motion and dismissed the proceeding. This appeal followed.

Since this appeal was heard, the Supreme Court has, in Wright v. Vinton Branch of Mountain Trust Bank, 57 S.Ct. 556, 81 L.Ed. -, decided March 29, 1937, held that subsection (s) of section 75, as amended by the Frazier-Lemke Act of August 28, 1935, is constitutional. Thus the ground on which the District Court dismissed this proceeding is now seen to be untenable. Compare Diller v. Shoemaker (C.C.A.9) 90 F.(2d) 98, this.day decided.

Order reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

MATHEWS, Circuit Judge.

On April 11, 1935, appellant filed her petition praying for relief un'der subsections (a) to- (r), inclusive, of section 75 of the Bankruptcy Act.¹ On September 26, 1935, she filed her amended petition, asking to be adjudged a bankrupt, pursuant to subsection (s) of section 75, as amended by the FrazierLemke Act of August 28, 1935, c. 792, § 6, 49 Stat. 943 (11 U.S.C.A. § 203(s). The District Court made such order of adjudication on September 28, 1935. On January 21, 1936, appellee, a creditor of appellant, moved to dismiss the proceeding, on the ground that subsection (s) of section 75, as amended by the Frazier-Lemke Act of August 28, 1935, was unconstitutional. On that ground alone the District Court on February 18, 1936, granted appellee’s motion and dismissed the proceeding. This appeal followed.

Since this appeal was heard, the Supreme Court has, in Wright v. Vinton Branch of Mountain Trust Bank, 57 S.Ct. 556, 81 L.Ed. -, decided March 29, 1937, held that subsection (s) of section 75, as amended by the Frazier-Lemke Act of August 28, 1935, is constitutional. Thus the ground on which the District Court dismissed this proceeding is now seen to be untenable. Compare Diller v. Shoemaker (C.C.A.9) 90 F.(2d) 98, this.day decided.

Order reversed.

Cite This Page — Counsel Stack

Bluebook (online)

90 F.2d 102, 1937 U.S. App. LEXIS 3774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-corporation-of-america-ca9-1937.

Opinion

Related

Cite This Page — Counsel Stack