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MITCHELL v. NELSON

No. 2543.

18 F.2d 1018 (1927)

Guy K. MITCHELL, Executor of Annie W. Mitchell, Appellant, v. Norman T. NELSON, Trustee in Bankruptcy of the Estate of Frank I. Louckes, Bankrupt, West Baltimore Bank, and Fidelity Trust Company, Appellees.

Circuit Court of Appeals, Fourth Circuit.

April 13, 1927.

Attorney(s) appearing for the Case

Charles S. Hayden, of Baltimore, Md., for appellant.

Clarence A. Tucker, of Baltimore, Md. (Knapp, Tucker & Thomas, Jacob F. Murbach, and Wendell D. Allen, all of Baltimore, Md., on the brief), for appellees.

Before WADDILL and PARKER, Circuit Judges.

PER CURIAM.

It appears that in the opinion filed in this cause on January 11, 1927 (16 F.2d 767), the court erroneously assumed that the crane and steam shovel therein referred to were sold for less than $1,760.40, the amount of the mortgage debt due Mitchell, and that upon this assumption the court erroneously stated that upon the principles decided in the case Mitchell, to the extent of his claim, after crediting upon it whatever...

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