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WHITE v. BARNARD

No. 2255.

29 F.2d 510 (1928)

WHITE v. BARNARD et al.

Circuit Court of Appeals, First Circuit.

November 27, 1928.

Attorney(s) appearing for the Case

Albert A. Schaefer, of Boston, Mass., for appellant.

Martin Witte, of Boston, Mass., for appellees.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

BINGHAM, Circuit Judge.

We are met at the outset by a motion of the appellees to dismiss this appeal on the ground that the appellants never applied to this court for its allowance and this court has not exercised its discretion and allowed the appeal as provided by section 24b of the Bankruptcy Act, as amended May 27, 1926, 11 USCA § 47(b). The appeal appears to have been taken under section 24a, and, if that section is the one applicable in this case, the appeal...

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