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SCHAUER v. PRODUCERS WOOL & MOHAIR CO.

No. 8019.

86 F.2d 576 (1936)

SCHAUER v. PRODUCERS WOOL & MOHAIR CO. et al.

Circuit Court of Appeals, Fifth Circuit.

December 1, 1936.

Attorney(s) appearing for the Case

Raymond Gerhardt, of San Antonio, Tex., for appellant.

Grady Lowrey, of Del Rio, Tex., for appellees.

Before HUTCHESON and HOLMES, Circuit Judges, and STRUM, District Judge.

HUTCHESON, Circuit Judge.

Schauer, when his ranch property was about to be sold under State foreclosure proceedings brought by appellees, applied as a farmer for relief under and in strict accordance with section 75 (s) of the Bankruptcy Act as amended, 11 U.S.C.A. § 203 (s). Appellees, appearing, moved to dismiss his petition on the ground that he was not a farmer, and on the further ground that the act, whose protection he invokes, is unconstitutional.

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