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eBook details

• Title: Wylie A. Prather v. Industrial Investment
• Author : Supreme Court of Idaho No. 9877
• Release Date : January 23, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

When this action was commenced on February 28, 1966, P & R Development Co., of which appellant Wylie A. Prather was president and a large stockholder, had been undergoing involuntary bankruptcy since October 1965, in the federal district court for Idaho. The creditor's petition initiating the bankruptcy was signed by several respondents who had been P & R directors. Appellant's original complaint was dismissed for failure to state a claim, and in his amended complaint of March 21, 1966, appellant primarily alleged that respondents had conspired wrongfully and maliciously to have P & R subjected to the bankruptcy. On March 22, 1966, the federal court filed an order finding P & R bankrupt and converting the proceedings from chapter X (corporate reorganization) to general bankruptcy. Respondents moved for summary judgment without filing an answer, attaching a copy of the findings, Conclusions and order in bankruptcy. After a hearing on the motion, at which appellant presented no documentary evidence or affidavits, the trial court entered an order granting summary judgment in favor of all respondents. This is an appeal from that order.

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