Galloway v. Union Tr. Co. (In re Constitutionality of Frazier-Lemke Act), 9 F. Supp. 575 (E.D. Ark. 1934)
9 F. Supp. 575
US-DOC-21492359
locator
Case details
Citation
9 F. Supp. 575
Full caption
In re CONSTITUTIONALITY OF FRAZIER-LEMKE ACT. GALLOWAY v. UNION TRUST CO.
Country
United States
Jurisdiction
Federal
Court
E.D. Ark.
Decided
Dec. 8, 1934
Dec. 8, 1934.
J. A. Comer, of Little Rock, Ark., for bankrupt.
Rose, Hemingway, Cantrell & Lough-borough (by A. W. Dobyns), of Little Rock, Ark., for Union Trust Co., .objecting creditor.
Before MARTINEAU and RAGON, District Judges.
MARTINEAU, District Judge.
Only the constitutionality of the FrazierLemke Act (Bankr. Act § 75 (s), 11 USCA § 203 (s) is involved at this time.
No appellate court has passed upon this question. In a very able and comprehensive opinion, delivered November 14, 1934, by Judge Dawson of the United States District Court for the Western District of Kentucky, in Re William W. Radford, Sr., 8 F.Supp. 489, the constitutionality of the act was upheld. The reasoning of that decision is sound in my opinion and is adopted here.
Decrees upholding the Frazier-Lemke Act may be entered in all cases where its validity is attacked.
RAGON, District Judge, concurs in this holding.