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Gale v. Freidenrich

Circuit Court of Appeals, Ninth Circuit
Jan 1, 1934
71 F.2d 1006 (9th Cir. 1934)

Opinion

No. 7381.

1934

Appeal from the District Court of the United States for the Northern District of California, Southern Division; Harold Louderback, Judge.

W.W. Sanderson, of San Francisco, Cal., for appellant.

Heller, Ehrman, White McAuliffe and Hayes Wren, all of San Francisco, Cal., for appellee.

Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.


This is an appeal from a disallowance of a claim in bankruptcy based upon an award of the Industrial Accident Commission of the state of California. Since the appeal was taken, Congress has enacted an amendment to the Bankruptcy Act authorizing the allowance of such a claim in bankruptcy and making the act applicable to all pending proceedings (Act June 7, 1934, § 4, amending section 63, subd. (a), adding clause (6), thereto, and subdivision (b), 11 USCA § 103). The parties have stipulated to submit the appeal without brief or argument other than reference to the above-mentioned Act of June 7, 1934.

Order reversed, and matter remanded to the District Court for allowance of the claim with priority as provided by the act of Congress; each party to pay his own costs on appeal.


Summaries of

Gale v. Freidenrich

Circuit Court of Appeals, Ninth Circuit
Jan 1, 1934
71 F.2d 1006 (9th Cir. 1934)
Case details for

Gale v. Freidenrich

Case Details

Full title:Anna V. GALE, Appellant, v. David FREIDENRICH, Trustee In Bankruptcy of…

Court:Circuit Court of Appeals, Ninth Circuit

Date published: Jan 1, 1934

Citations

71 F.2d 1006 (9th Cir. 1934)

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Under this amendment, a claim based on an award for workmen's compensation is provable in bankruptcy. ( Gale…