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6 Am. Bankr. Rev.: Monthly Mag. Law. Bankers & Bus. Men 1 (1929-1930)

handle is hein.journals/ambreml6 and id is 1 raw text is: AMERICAN BANKRUPTCY REVIEW The Monthly Magazine for Lawyers, Bankers and Business Men Vol. 6 AUGUST, 1929 No. 1 Published by the AMERICAN BANKRUPTCY REVIEW, Inc., 11 West 42nd Street, New York N. Y. Telepho:.es Longacre 6313, 6682-3-4. Entered as second-class matter November 19, 1924, at the post office at New York, N. Y., under the Act of March 3, 1879. First Cir ROBE 185 De Second ( LOUIS 271 Ma 'Third Cir JOSIA duPont Fourth C J. PU 905-10 MAX ISAAC, Editor, 11 West 42nd Street, New York City ROBERT J. BLUM, Associate Editor, 120 Broadway, New York City. BOARD OF CONSULTING EDITORS cuit- Sixth Circuit- RT A. B. COOK, BELA J. LINCOLN, vonshire St., Boston, Mass. First Natl. Bank Bldg., Detroit, Mich. Uircit- Seventh Circuit- H. STROUSE, HAROLD F. WHITE, dison Ave., New York, N. Y. 137 So. La Salle St., Chicago, Ill. rcuit- Eighth Circuit- H MARVEL, JOHN B. EDWARDS, Bldg., Wilmington, Del. 506 Olive St., St. Louis, Mo. ircut- Ninth Circuit- RDON WRIGHT, RUPERT B. TURNBULL, Maryland Trust Bldg., Washington Building, Los Angeles, Cal. Baltimore, Md. Fifth Circuit- JAMES N. TALLEY, Grand Bldg., Macon, Ga. Tenth Circuit- Dominion of Canada 3. C. LAMOTHE, 17 St. James St., Montreal, Canada SUBSCRIPTION $5.00 A YEAR. 50c A COPY 'IS THE TRUSTEE IN BANKRUPTCY AN INDISPENSABLE, PARTY APPELLEE IN THE CIRCUIT COURT OF APPEALS IN A CASE INVOLVING THE RE- JECTION OF A CLAIM? In discussing the recent decision of the Circuit Court of Appeals for the Fourth Circuit, denying a motion to vacate all of the proceedings on appeal, in the case of Baer v. Security Trust Company, in the July, 1929, issue, we directed attention to the point presented on that motion that the trustee in bankruptcy had not been served with notice of appeal, or made a party appellee in the case. Since this question is now being presented to the Supreme Court on petition for certiorari to review the decision of the appellate court, it will be interesting to note that the point has never come before the Supreme Court for -determination under the Act of 1898. Under the old law in construing section 8, relating to appeals prosecuted under that law, the Supreme Court held that when a claim was presented for proof in bankruptcy as a debt against the bank- rupt's estate and was rejected, an appeal from the order of rejection was incom- plete and invalid, if the appellant failed to give the assignee in bankruptcy notice Dominion of Canada J. C. LAMOTHE, 17 St. James St., Montreal, Canada

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