90 F.2d 102 | 9th Cir. | 1937
On April 11, 1935, appellant filed her petition praying for relief un'der subsections (a) to- (r), inclusive, of section 75 of the Bankruptcy Act.
Since this appeal was heard, the Supreme Court has, in Wright v. Vinton Branch of Mountain Trust Bank, 57 S.Ct. 556, 81 L.Ed. -, decided March 29, 1937, held that subsection (s) of section 75, as amended by the Frazier-Lemke Act of August 28, 1935, is constitutional. Thus the ground on which the District Court dismissed this proceeding is now seen to be untenable. Compare Diller v. Shoemaker (C.C.A.9) 90 F.(2d) 98, this.day decided.
Order reversed.
Section 75, comprising subsections (a) to (r), inclusive, was added to the Bankruptcy Act by the Act of March 3, 1933, c. 204, § 1, 47 Stat. 1470-147& Sub