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IN RE FAIRBANKS REALTY TRUST

No. 65071.

40 F.Supp. 77 (1941)

In re FAIRBANKS REALTY TRUST.

District Court, D. Massachusetts.

June 19, 1941.

Attorney(s) appearing for the Case

Alexander G. Gould, of Boston, Mass., for debtor corporation.

Jones, Nash & Birmingham, of Boston, Mass., for petitioning creditor.

McLELLAN, District Judge.

The question here to be considered is the Court's jurisdiction. On October 13, 1940, Pope & Cottle Company, a Massachusetts corporation, filed an involuntary petition in bankruptcy against "Fairbanks Realty Trust", alleging it to be "a voluntary association and an unincorporated company operated by Henry Berish, of Boston, and Catherine Burns, of Cambridge, Trustees under a declaration of trust made on the 4th day of June, 1940 and recorded...

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