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BURTON COAL CO. v. FRANKLIN COAL CO.

Nos. 9763, 9784.

67 F.2d 796 (1933)

BURTON COAL CO. v. FRANKLIN COAL CO. et al. (two cases).

Circuit Court of Appeals, Eighth Circuit.

November 9, 1933.

Attorney(s) appearing for the Case

John H. Hershberger, of Chicago, Ill., and F. E. Williams, of St. Louis, Mo., for appellant.

Boyle & Priest, George T. Priest, and Robert E. Moloney, all of St. Louis, Mo., for appellees.

Before GARDNER, WOODROUGH, and VAN VALKENBURGH, Circuit Judges.

VAN VALKENBURGH, Circuit Judge.

The Franklin Coal Company was adjudicated a bankrupt on its voluntary petition May 15, 1928. The six-month period for filing claims (Bankruptcy Act, § 57n, as amended by Act May 27, 1926, 11 USCA § 93 (n), expired November 15, 1928. The bankrupt scheduled appellant as one of its creditors in the sum of $5,435.88. Appellant did not file proof of claim within the aforesaid statutory period. May 14, 1931, the president of the...

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