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WILLIS v. BEELER

Nos. 7597-7618.

90 F.2d 538 (1937)

WILLIS v. BEELER. SCHUMACHER, Sheriff, v. SAME.

Circuit Court of Appeals, Sixth Circuit.

As Modified on Denial of Rehearing June 28, 1937.

Attorney(s) appearing for the Case

Coleman Avery and William Kellcey, both of Cincinnati, Ohio (Coleman Avery, of Cincinnati, Ohio, Paul A. Baden, of Hamilton, Ohio, Peck, Shaffer & Williams, of Cincinnati, Ohio, and Harry N. Routzohn, of Dayton, Ohio, on the brief), for appellants.

Henry B. Street and Province M. Pogue, both of Cincinnati, Ohio (Brandon R. Millikin, of Hamilton, Ohio, Henry B. Street and Williams, Sohngen, Fitton & Pierce, all of Hamilton, Ohio, Harmon, Colston, Goldsmith & Hoadly, Pogue, Hoffheimer & Pogue, and Maxwell & Ramsey, all of Cincinnati, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

ALLEN, Circuit Judge.

These are companion appeals involving to a large extent the same facts. Case No. 7597 arises out of a petition to review filed by the judgment creditor attacking an order of the referee in bankruptcy which overruled a motion to strike from the files the petitions of intervening mortgagees and overruled that part of the motion which asked that the trustee be required to disclaim all right, title and interest in and to the real property of the...

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