Opinion

Capitol Tobacco Company v. R. J. Reynolds Tobacco Company, American Tobacco Company and Brown & Williamson Tobacco Corporation

300 F.2d 755 · Court of Appeals for the Fifth Circuit · Apr 4, 1962

Full text

CAPITOL TOBACCO COMPANY, Appellant, v. R. J. REYNOLDS TOBACCO COMPANY, American Tobacco Company and Brown & Williamson Tobacco Corporation, Appellees

PER CURIAM. The district court applied in this cause the rule that creditors who have secured voidable preferences from an insolvent debtor may become petitioners in an involuntary bankruptcy proceeding upon a surrender of their preferences. We approve the decision and the judgment of the district court is Affirmed.