George at Glendors, California, which reads as follows:
"Western Union Bradford, Pa., Nov. 5, 1942
Mrs. Edith F. George, Box 328, Telephone Cornia 45-834, Glendora, California.
You are hereby notified that the regular meeting of the Directors of the Bradford Laundry Company will be held on Monday, November 9th, Nineteen forty-two at three o'clock P.M., and that a Special meeting of the shareholders of the said company has been called by the President to be held on the said date at two o'clock PM (Stop) That at the meeting of the Directors and at the meeting of the shareholders to be held on the said date the matter of this company filing a voluntary petition in bankruptcy will be considered and action taken thereupon.
Geo. V. Potts, Secy."
That attached thereto is an affidavit of George F. Potts that he sent this telegram to Edith Freeman George on November 5, 1942; that at the same time he sent a notice of the time, place and purpose of the said meetings to be held on November 9, 1942, which was deposited in the post office of Bradford, Pennsylvania, November 5, 1942, addressed to Edith Freeman George at Glendora, California, by air mail and special delivery.
We are of the opinion that this corporation could legally be adjudged a bankrupt on its voluntary petition, regardless of whether or not it is actually insolvent. See Re Fox West Coast Theatres, 9 Cir., 88 F.2d 212, 217, certiorari denied 301 U.S. 710, 57 S. Ct. 944, 81 L. Ed. 1363; In re Foster Paint & Varnish Co., D.C., 210 F. 652; In re Yarbrough, D.C., 18 F.Supp. 359; U.S. Bankruptcy Act, 11 U.S.C.A. § 22. If the bankruptcy petition in this case was duly authorized, then jurisdiction of the bankruptcy court became paramount and exclusive, and no further proceedings can be had in the suit of Edith Freeman George v. Bradford Laundry Company at No. 43 Civil Action, Erie. See Gross v. Irving Trust Co., 289 U.S. 342, 344, 53 S. Ct. 605, 77 L. Ed. 1243, 90 A.L.R. 1215; Isaacs v. Hobbs Tie & Timber Co., 282 U.S. 734, 737, 51 S. Ct. 270, 75 L. Ed. 645.
We are unable to state from the present record whether or not the notice of the stockholders' meeting sent to Edith Freeman George was a proper compliance with the by-laws of the Bradford Laundry Company, as the by-laws are not before us. It seems to us on this phase of the case we shall have to have evidence as to whether or not due and proper notice was given of the stockholders' and directors' meetings which authorized the filing of the voluntary petition in bankruptcy. We, therefore, have set the case down for further hearing on the motion of Edith Freeman George, at Erie, Pennsylvania, on January 5, 1943, at which time we shall hear any evidence that may be offered by either party as to charges made in the motion filed by Edith Freeman George to vacate the adjudication and dismiss the voluntary petition in bankruptcy.
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