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RASMUSSEN v. GRESLY

No. 10144.

77 F.2d 252 (1935)

RASMUSSEN v. GRESLY.

Circuit Court of Appeals, Eighth Circuit.

May 3, 1935.

Attorney(s) appearing for the Case

W. C. Fraser, of Omaha, Neb., for appellant.

B. N. Robertson, of Omaha, Neb., for appellee.

Before STONE, SANBORN, and FARIS, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal by the trustee of the Walrath & Sherwood Lumber Company, which was adjudged a bankrupt on December 31, 1932, from an order allowing the claim filed by Mrs. J. F. Gresly. Her claim was upon a promissory note for $11,000, dated December 26, 1930, due February 1, 1932, and bearing interest at 7 per cent. per annum. The objections to the allowance of the claim asserted that Mrs. Gresly was not a creditor; that she had surrendered...

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