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LOUISVILLE JOINT STOCK LAND BANK v. RADFORD

No. 6959.

74 F.2d 576 (1935)

LOUISVILLE JOINT STOCK LAND BANK v. RADFORD.

Circuit Court of Appeals, Sixth Circuit.

February 11, 1935.

Attorney(s) appearing for the Case

J. E. Tarrant and William Marshall Bullitt, both of Louisville, Ky. (J. E. Tarrant, of Louisville, Ky., on the brief), for appellant.

E. A. Krauthoff, of Chicago, Ill., Harry H. Peterson, of St. Paul, Minn., and William Lemke, of Washington, D. C. (P. O. Sathre, of Bismarck, N. D., David A. Sachs, Jr., of Louisville, Ky., and Frank Rives, of Hopkinsville, Ky., on the brief), for appellee.

Robert H. Winn, of Mount Sterling, Ky., amicus curiæ.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

This appeal, seasonably allowed by us and by the District Court, raises questions in respect to the constitutionality of section 75 of the Bankruptcy Act, as amended by the Frazier-Lemke Act of June 28, 1934 (adding subsection (s), 11 USCA § 203). The facts are not in dispute, and are sufficiently found in the opinion of the District Judge. In re Radford, 8 F.Supp. 489.

The bankrupt is a farmer...

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