IN RE CYR

Nos. 2167, 2072, 2048, 2095.

9 F.Supp. 697 (1935)

In re CYR. In re KIRKPATRICK. In re WHITELOCK. In re LOWMON.

District Court, N. D. Indiana.

February 25, 1935.


Attorney(s) appearing for the Case

In No. 2167:

H. C. Lust, of Fowler, Ind., for farmer-debtor.

Stuart, Stuart & Devol, of Lafayette, Ind., for John Hancock Mut. Life Ins. Co. In No. 2072:

W. W. Sharpless, of Garrett, Ind., for farmer-debtor.

Rex S. Emerick, of Kendallville, Ind., for creditor Ida L. Miller.

In No. 2048:

Samuel E. Cook, of Huntington, Ind., for farmer-debtor.

Bowers, Feightner & Bowers, of Huntington, Ind., for Department of Financial Institutions of State of Indiana.

In No. 2095:

Otto Gresham, of Chicago, Ill., for debtor.

Draper & Draper, of Gary, Ind., amicus curiæ.

H. C. Lust, of Fowler, Ind., amicus curiæ.

Stuart, Stuart & Devol, of Lafayette, Ind., for Lafayette Life Ins. Co.

Vesey, Shoaff & Hoffman, of Fort Wayne, Ind., amicus curiæ in all four cases.


SLICK, District Judge.

In four cases under consideration the constitutionality of subsection (s) of section 75 of the Bankruptcy Act, commonly known as the "Frazier-Lemke Amendment," 11 USCA § 203 (s), is directly challenged, and the heavy responsibility is placed upon this court to decide this very important question fraught with consequences far reaching in effect and affecting the property rights not only of the principal litigants, but of many others in this...

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