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WELLS v. ERWIN

No. 4405.

2 F.2d 597 (1924)

WELLS et al. v. ERWIN et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied November 21, 1924.

Attorney(s) appearing for the Case

Stephen C. Upson, of Athens, Ga., for petitioners.

Alex. W. Smith, Jr., of Atlanta, Ga., and Hamilton Kimzey, of Cornelia, Ga. (Smith, Hammond & Smith, of Atlanta, Ga., on the brief), for respondents.

Before WALKER, BRYAN, and KING, Circuit Judges.

KING, Circuit Judge.

In this case a petition to superintend and revise an order of the District Court was filed in this court, and to such petition W. S. Erwin, as trustee of A. M. Wells, bankrupt, Cornelia Bank of Cornelia, Ga., and L. C. Bell, lien creditors, were made defendants. The real controversy was between A. G. Wells and the said bank and Bell. They made a motion to dismiss the proceedings in this court, upon the ground that they had not been served with...

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