Woolf v. Reeves, 377.

• Decision Date: 02 May 1933
• Docket Number: No. 377.,377.
• Citation: 65 F.2d 80
• Parties: WOOLF et al. v. REEVES, Judge, et al.
• Court: U.S. Court of Appeals — Eighth Circuit

65 F.2d 80 (1933)

WOOLF et al. v. REEVES, Judge, et al.

No. 377.

Circuit Court of Appeals, Eighth Circuit.

May 2, 1933.

William G. Boatright, David L. Sheffrey, and Arthur Miller, all of Kansas City, Mo. (Miller, Gumbiner & Sheffrey and Ringolsky, Boatright & Jacobs, all of Kansas City, Mo., on the brief), for petitioners.

Samuel W. Sawyer, Elliott H. Jones, and Henry A. Bundschu, all of Kansas City, Mo. (Wilson, Bundschu & Bailey, Scarritt, Jones & North, Baker, Botts, Andrews & Wharton, Davis & Davis, and Lathrop, Crane, Reynolds, Sawyer & Mersereau, all of Kansas City, Mo., on the brief), for respondents.

Before STONE and SANBORN, Circuit Judges, and NORDBYE, District Judge.

PER CURIAM.

This is an application for leave to file a petition for a writ of mandamus against the Honorable Albert L. Reeves, Judge of the United States District Court for the Western District of Missouri, and the Honorable Fred S. Hudson, referee in bankruptcy for the Western Division of the Western District of Missouri, at Kansas City, Mo. The proposed petition has been presented with the application for leave to file.

The facts which constitute the basis for the application and the petition are briefly as follows: On March 8, 1933, Fox Midland Theater Company, which possessed and operated some sixty motion picture theaters in the states of Missouri, Kansas, and Iowa, was adjudged a bankrupt upon its own voluntary petition filed in the Western Division of the Western District of Missouri. Herbert V. Jones was appointed its receiver in bankruptcy, with authority to continue the business. The usual order of reference to the referee in bankruptcy was entered. The referee noticed the first meeting of creditors for April 24, 1933, but continued it until the following day, at which time it was proposed that the election of a trustee in bankruptcy should take place. On April 25th, prior to the meeting of creditors, the petitioners filed with the court a motion to vacate the adjudication in bankruptcy and all proceedings in connection therewith on the ground of fraud, collusion, and lack of jurisdiction. At the creditors' meeting the petitioners advised the referee of the filing of their motion and requested him to defer the election of a trustee and the further administration of the estate until the questions raised by the motion should be determined. This he declined to do, but adjourned the meeting for a few hours to enable the petitioners to apply to the judge for a stay of further proceedings. The petitioners went before Judge Reeves and requested that he order further proceedings stayed pending a determination of their motion. He refused to rule upon this request, but referred the motion to vacate the adjudication to the referee as a special master and also the application of the petitioners for a stay. This left the referee at liberty to proceed with the creditors' meeting and the election of a trustee, but arrangements were finally made to postpone the meeting until May 10, 1933, to afford the petitioners an opportunity to apply to this court for relief.

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