PATTERSON, District Judge.
An involuntary petition in bankruptcy was filed on November 4, 1935, against Kaplan & Kemp, Inc. The act of bankruptcy alleged in the petition was that the alleged bankrupt had made an assignment for the benefit of creditors on September 13, 1935. The alleged bankrupt put in an answer to the effect that the three petitioning creditors had acquiesced in the assignment, had participated in the liquidation of the business under the assignment...
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