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BRYAN v. WELCH

No. 1136.

74 F.2d 964 (1935)

BRYAN v. WELCH et al.

Circuit Court of Appeals, Tenth Circuit.

January 7, 1935.

Attorney(s) appearing for the Case

G. C. Spillers, of Tulsa, Okl., and W. E. Utterback, of Durant, Okl. (Wm. B. Blair, C. R. Nixon, and L. J. Bicking, all of Tulsa, Okl., on the brief), for appellants.

Tom D. McKeown, of Washington, D. C., Wm. P. Thompson, of Oklahoma City, Okl., and Francis Stewart, of Muskogee, Okl. (C. E. Hall, of Oklahoma City, Okl., and D. H. Linebaugh, of Muskogee, Okl., on the brief), for appellees Welch and others.

Leslie H. Norris, of Oklahoma City, Okl., for appellees Horn and others.

Before LEWIS and PHILLIPS, Circuit Judges.

PHILLIPS, Circuit Judge.

This matter was before this court on an appeal from five orders made in a proceeding in bankruptcy. One of these orders overruled a motion to dismiss a petition in bankruptcy filed under section 77 B of the Bankruptcy Act (11 USCA § 207) by Vesta Welch and five other holders of certificates for class A preferred beneficial interests or shares in the Imperial Royalties Company, a common law trust, and one appointed a temporary trustee...

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