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IN RE WATERS

No. 8462.

93 F.2d 196 (1937)

In re WATERS. BANKERS MORTGAGE BUILDING & LOAN ASS'N v. SIMPSON.

Circuit Court of Appeals, Fifth Circuit.

December 20, 1937.

Attorney(s) appearing for the Case

A. Leo Oberdorfer, of Birmingham, Ala., for appellant.

William S. Pritchard, of Birmingham, Ala., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

On an involuntary petition filed June 11, 1930, Norman H. Waters was adjudged a bankrupt on June 18, and a trustee was later appointed. On September 12, 1932, the appellant, Bankers Mortgage Building & Loan Association, applied to the referee for leave to foreclose a mortgage for a balance of $8,473, which it held on certain lands in the possession of the trustee, by exercising the power of sale...

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