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IN RE O'BRIEN

No. 483.

78 F.2d 715 (1935)

In re O'BRIEN.

Circuit Court of Appeals, Second Circuit.

June 24, 1935.

Attorney(s) appearing for the Case

John W. Ellis, of Ellicottville, N. Y., for appellant.

Hamlet A. Smyth, of Rochester, N. Y., for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

On September 6, 1934, James O'Brien, a farmer residing in Cattaraugus county, N. Y., filed his petition under section 75 of the Bankruptcy Act. 47 Stat. 1470. There was then pending against him in the Supreme Court of New York for Cattaraugus County an action brought by the appellant, the Bank of Ellicottville, to recover on past due promissory notes; and on September 14, 1934, the bank obtained judgment in said action by default. The judgment...

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