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IN RE ROSE

No. 8096.

86 F.2d 69 (1936)

In re ROSE. ROSE v. BANK OF AMERICA, NAT. TRUST & SAVINGS ASS'N et al.

Circuit Court of Appeals, Ninth Circuit.

October 26, 1936.

Attorney(s) appearing for the Case

Oregon Smith, of Los Angeles, Cal., for appellant.

Louis Ferrari and G. D. Schilling, both of San Francisco, Cal., and C. Ray Robinson and Preston & Braucht, all of Merced, Cal., for appellees.

Harold M. Sawyer, of San Francisco, Cal., for California Farm Debt. Adjustment Commission, amicus curiæ.

Before WILBUR, DENMAN, and HANEY, Circuit Judges.

HANEY, Circuit Judge.

This cause presents an appeal by the bankrupt from an order sustaining a demurrer filed by appellee to a petition filed by the conciliation commissioner for Merced county, Cal., in a proceeding under section 75 of the Bankruptcy Act (47 Stat. 1470, see 11 U.S.C.A. § 203). The order sustained the demurrer without leave to amend.

Other than the facts stated in the petition, the fact that section...

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