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RASH v. METZGER

No. 3947.

31 F.2d 424 (1929)

RASH v. METZGER.

Circuit Court of Appeals, Third Circuit.

February 28, 1929.

Attorney(s) appearing for the Case

Harry Fischer, B. A. Illoway, and Harry Felix, all of Philadelphia, Pa., for appellant.

Louis E. Levinthal, Sidney E. Smith, and Levinthal, Schofield & Kraus, all of Philadelphia, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

Rash had been adjudged a bankrupt. His schedules showed unsecured claims amounting to $468,526.63 and assets which later were sold for $169.75. In due course he applied for a discharge and on formal proof of notice to creditors it was granted. Metzger, a creditor of Rash and his trustee in bankruptcy, promptly petitioned the court to revoke the discharge on allegations that it was obtained through fraud and without notice to many creditors...

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