JOHNSON, District Judge.
This is a motion to dismiss a creditors' petition on the ground that it fails to set forth an act of bankruptcy within the meaning of the Bankruptcy Act of 1898 and its amendments. The act of bankruptcy intended to be charged by the petition is the fourth act, created by the amendment of 1926 (11 USCA § 21 (a) (4), as follows: "(4) Suffered, or permitted, while insolvent, any creditor to obtain through legal proceedings any levy, attachment...
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