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IN RE NATIONAL MOTORSHIP CORPORATION

7 F.Supp. 1001 (1934)

In re NATIONAL MOTORSHIP CORPORATION.

District Court, S. D. New York.

August 24, 1934.

Attorney(s) appearing for the Case

Woodruff & Grill, of New York City, for creditor Seaboard Great Lakes Corporation.

Lawrence Wiseman, of New York City, for petitioning creditors.

Otto & Easterday, of New York City, for Gerald A. Fagan.

Shaine & Weinrib, of New York City, for Schoonmakers.

CAFFEY, District Judge.

If the bankruptcy petition of the creditors be sufficient on its face — and it is not denied that it is — then, regardless of the motives of the original petitioners or the intervening petitioners, upon proof of the allegations of the petition an adjudication should follow. In re Automatic Typewriter & Service Co., 271 F. 1, 4. On the other hand, if either (1) estoppel of the creditors to file the petition or (2) commission...

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