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CLEMONS v. LIBERTY SAVINGS & REAL ESTATE CORPORATION

No. 6689.

61 F.2d 448 (1932)

CLEMONS v. LIBERTY SAVINGS & REAL ESTATE CORPORATION.

Circuit Court of Appeals, Fifth Circuit.

November 1, 1932.

Attorney(s) appearing for the Case

Wallace Miller and Jas. A. Lowrey, Jr., both of Macon, Ga., for appellant.

E. P. Johnston and Charles M. Cork, both of Macon, Ga., for appellee.

Before BRYAN, FOSTER, and WALKER, Circuit Judges.

FOSTER, Circuit Judge.

Appellee was adjudged bankrupt on its voluntary petition on April 11, 1932. Appellant filed a petition to set aside the adjudication on the ground that appellee is a banking corporation within the meaning of section 4, Bankruptcy Act (11 USCA § 22) and the court therefore was without jurisdiction to adjudicate it bankrupt. From an adverse ruling this appeal is prosecuted.

Appellee has moved to dismiss the appeal on the ground that...

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