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DALLAS JOINT STOCK LAND BANK OF DALLAS v. SPIKES

No. 8185.

88 F.2d 1008 (1937)

DALLAS JOINT STOCK LAND BANK OF DALLAS, Appellant, v. Israel Henry SPIKES, Bankrupt, Appellee.

Circuit Court of Appeals, Fifth Circuit.

April 9, 1937.

Attorney(s) appearing for the Case

Wm. Andress, Jr., and Chas. S. McCombs, both of Dallas, Tex., for appellant.

John E. Sentell, of Snyder, Tex., for appellee.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

PER CURIAM.

Appellant is the holder of a mortgage on the property of the bankrupt, Spikes. The assignments of error all run to an order of the court overruling a petition of appellant to dismiss the bankruptcy proceedings or, in the alternative, to give it leave to proceed in a state court. The grounds for dismissal urged were that subsection (s) of section 75 of the Bankruptcy Act of 1898, as amended by the Act of Congress of August 28, 1935, § 6, 49 Stat. 943...

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