In re Duke, 3922.

Decision Date12 March 1924
Docket NumberNo. 3922.,3922.
Citation15 F.2d 92
PartiesIn re DUKE et al.
CourtU.S. District Court — Eastern District of Missouri

COPYRIGHT MATERIAL OMITTED

Verne Lacy and Chas. J. Riley, both of St. Louis, Mo., for petitioning creditors.

Joseph Kane, of St. Louis, Mo., for bankrupt.

Stern & Burnett, of St. Louis, Mo., for receiver.

FARIS, District Judge.

The petition for review herein is denied, and the order of the referee confirmed, for the reasons given by the referee, which reasons are adopted as the opinion of the court.

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9 cases
  • In re Advanced Modular Power Systems, Inc.
    • United States
    • U.S. Bankruptcy Court — Southern District of Texas
    • September 16, 2009
    ...("Activities incidental to the liquidation of a corporation do not constitute conducting business."); see In re Duke, 15 F.2d 92, 93 (D.Mo.1924) (receiver who hired employees for a short time to finish caps in order that they might be sold as finished caps rather than pieces of cloth did no......
  • In Re Permalife Products LLC, Bankruptcy No. 09-11482 MS.
    • United States
    • U.S. Bankruptcy Court — District of New Jersey
    • July 8, 2010
    ...the usual, customary, and normal activities of the bankrupt as a going concern,” the conduct of business would be indicated. In re Duke, 15 F.2d 92, 93 (E.D.Mo.1924). However, in that case it was determined that the receiver was not conducting business where, under the following circumstanc......
  • California State Board of Equalization v. Goggin
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • October 26, 1951
    ...of the unfinished cabinets in order that they might be sold as finished pieces did not amount to conduct of the business. In re Duke, D.C.Mo.1924, 15 F.2d 92, 93 (receiver who hired employees for short time to finish caps in order that they might be sold as finished caps rather than pieces ......
  • In re Bodin Apparel, Inc., Bankruptcy No. 81 B 12315
    • United States
    • U.S. Bankruptcy Court — Southern District of New York
    • February 11, 1985
    ...mere custodian and therefore was entitled to additional compensation for "conducting the business" of the debtor, the court in In re Duke, 15 F.2d 92 (E.D.Mo.1924) stated: The `business is conducted by the receiver\' where the receiver carries on, at least substantially, the usual, customar......
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