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IN RE EISELE

No. 5587.

82 F.2d 309 (1936)

In re EISELE. EISELE v. MORSE et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied April 13, 1936.

Attorney(s) appearing for the Case

E. A. Simmons, of Pontiac, Ill., and Walter W. Winget, of Peoria, Ill., for appellant.

H. G. Greenebaum, Cyril A. Burns, and A. H. Fellheimer, all of Pontiac, Ill., for appellees Morse and others.

Bert W. Adsit, Jesse J. Herr, Stephen B. Adsit, and Robert Thompson, all of Pontiac, Ill., for appellees Gerig and others.

Before EVANS, SPARKS, and ALSCHULER, Circuit Judges.

EVANS, Circuit Judge.

Martin Eisele, a petitioning debtor under section 75 of the Bankruptcy Act, as amended (see 11 U.S.C.A. § 203), was denied relief because the real property which constituted the corpus of the debtor's estate was not within the purview of said section. This conclusion was based on a finding that the relation of mortgagor and mortgagee — a debtor-creditor relation — had ceased to exist. The only question before us is whether...

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