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SHERWOOD v. KITCHER

No. 84.

86 F.2d 750 (1936)

SHERWOOD v. KITCHER.

Circuit Court of Appeals, Second Circuit.

December 7, 1936.

Attorney(s) appearing for the Case

Greenstein & Simons, of Bridgeport, Conn. (Sydney P. Simons, of Bridgeport, Conn., of counsel), for appellant.

John V. Donnelly, of Bridgeport, Conn., for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal by Kitcher, the debtor, from an order in bankruptcy, dismissing his petition under section 75 of the Bankruptcy Act, as amended (11 U.S.C.A. § 203) on motion of a mortgagee. The only question is whether the petitioner was a "farmer," within the meaning of subdivision (r), as amended (11 U.S.C.A. § 203 (r). Kitcher lived upon a farm of one hundred and seventeen acres which he owned, twenty-five acres of which he worked...

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