HIRSCH & BRO. et al. v. COHEN & BROWN et al.

HIRSCH & BRO. et al. v. COHEN & BROWN et al. Circuit Court of Appeals, Fifth Circuit. Dec. 9, 1927. No. 5083. Bankruptcy <®=450i/2i — Question on appeal from decree dismissing petition for bankruptcy becomes moot, on debtor being adjudged bankrupt in other proceedings. Where, pending appeal from decree dismissing involuntary petition for bankruptcy, relief sought was obtained as result of debtor being adjudged bankrupt on involuntary petition filed by other creditors, question raised by appeal was moot. Appeal from the District Court of the United States for the Southern District of Florida; Lake Jones, Judge. Involuntary petition by Hirsch & Bro. and others praying that Cohen & Brown, a partnership, he adjudged bankrupt, wherein other creditors moved for dismissal. Decree of dismissal, and petitioners appeal. On motion to dismiss appeal. Dismissed. Herschel P. Cobb, of Savannah, Ga., for appellants. J. N. Morris and Herbert U. Feibelman, both of Miami, Fla., and Sol Weiss, of New Orleans, La., for appellees. Before WALKER, BRYAN, and ROSTER, Circuit Judges. Rehearing denied January 13, 1928. [MAJORITY — PER CURIAM.] PER CURIAM. This is an appeal from a decree dismissing an involuntary petition, praying that Cohen & Brown, a partnership, be adjudged bankrupt, which decree was rendered in pursuance of a motion made by other creditors of the alleged bankrupt. On a motion to dismiss the appeal it was disclosed that, after the rendition of the decree appealed from, the alleged bankrupt was adjudged bankrupt on an involuntary petition filed by other creditors. The relief sought by the involuntary petition of the appellants, namely, that the debtor be adjudged bankrupt, having been obtained as a result of the adjudication mentioned, the question raised by the appeal is now moot. The appeal is dismissed.