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IN RE HENRY HEYER & SON

Nos. 5382, 5397.

77 F.2d 985 (1935)

In re HENRY HEYER & SON, Inc. AMERICAN FURNITURE MART BLDG. CORPORATION v. SCHWEMER.

Circuit Court of Appeals, Seventh Circuit.

June 19, 1935.

Attorney(s) appearing for the Case

W. L. Gold and Morris Karon, both of Milwaukee, Wis., for appellant.

Frank P. Burke and Giles F. Clark, both of Milwaukee, Wis., for appellee.

Before EVANS, FITZHENRY, and ALSCHULER, Circuit Judges.

ALSCHULER, Circuit Judge.

The appeals assail an order of the court sustaining the referee's disallowance of appellant's petition to establish a lien upon the assets of the bankrupt.

From the stipulated facts it appears that on December 11, 1931, appellant commenced an action in the circuit court of Milwaukee county, Wis., against the bankrupt and Gilbert R. Heyer for the recovery of a debt. In the same court, on January 5, 1932, appellant commenced a garnishment...

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