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FRENCH v. LONG

No. 2931.

42 F.2d 45 (1930)

FRENCH v. LONG et al.

Circuit Court of Appeals, Fourth Circuit.

June 26, 1930.

Attorney(s) appearing for the Case

Lockett C. Ely, of Knoxville, Tenn. (Walter B. Phipps, of Clintwood, Va., on the brief), for appellant.

C. R. McCoy, of Clintwood, Va. (George C. Sells, of Johnson City, Tenn., and Roland E. Chase, of Clintwood, Va., on the brief), for appellees.

Before PARKER and NORTHCOTT, Circuit Judges, and HAYES, District Judge.

HAYES, District Judge.

This is an appeal from an order in bankruptcy refusing to reconsider and strike out the claim of appellees which had been previously proven without objection.

The validity of the claim depends on the proper determination of whether the notes, the basis of the claim, were without consideration and were ultra vires acts of the bankrupt. Many collateral questions are presented which we deem unnecessary to discuss.

The Cumberland...

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