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SMITH v. PRUDENTIAL INS. CO. OF AMERICA

Nos. 10234, 10244.

78 F.2d 533 (1935)

SMITH v. PRUDENTIAL INS. CO. OF AMERICA (two cases).

Circuit Court of Appeals, Eighth Circuit.

June 13, 1935.

Attorney(s) appearing for the Case

John F. Abegglen, and Mabry & Mabry, all of Albia, Iowa, for appellant.

Quintard Joyner, of Omaha, Neb. (Clinton B. Nasby and Stanley Cheff, both of Omaha, Neb., on the brief), for appellee.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.

PER CURIAM.

The appellant challenges orders of the lower court, (1) sustaining objections of the appellee to the jurisdiction of the court of bankruptcy, under section 75 (s) of the Bankruptcy Act (48 Stat. 1289, 11 USCA § 203 (s), over real estate belonging to the appellant and purchased by appellee at foreclosure sale, and (2) refusing to direct the clerk of the court to file appellant's amended petition pursuant to section 75 (s) without prepayment of costs...

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