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EVANS v. FLORIDA NAT. BANK

No. 5451.

38 F.2d 627 (1930)

EVANS v. FLORIDA NAT. BANK et al.

Circuit Court of Appeals, Fifth Circuit.

March 6, 1930.

Attorney(s) appearing for the Case

Jno. R. L. Smith, of Macon, Ga. (C. L. Shepard, of Ft. Valley, Ga., and Smith & Smith, Geo. A. Pindar, and John R. L. Smith, all of Macon, Ga., on the brief), for appellant.

Henry B. Troutman, of Atlanta, Ga., and Walter A. Harris and T. Baldwin Martin, both of Macon, Ga. (Harris, Harris & Popper, of Macon, Ga., Troutman & Troutman, of Atlanta, Ga., and Martin, Martin, Snow & Gillen, Walter A. Harris, and T. Baldwin Martin, all of Macon, Ga., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circuit Judge.

The appellant was adjudged a bankrupt under an involuntary petition. The right to maintain the proceeding was contested on the ground that appellant was a "person engaged chiefly in farming" within the meaning of the exception contained in section 4 (b) of the Bankruptcy Act (11 USCA § 22 (b), which keeps a natural person so engaged from being subject to be adjudged an involuntary bankrupt.

The facts as to appellant's relation to...

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