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IN RE MOSER

No. 8651.

95 F.2d 944 (1938)

In re MOSER et ux. MORTGAGE GUARANTEE CO. v. MOSER et ux.

Circuit Court of Appeals, Ninth Circuit.

April 13, 1938.

Attorney(s) appearing for the Case

Fleming & Robbins and C. S. Tinsman, all of Los Angeles, Cal., for appellant.

Lloyd S. Nix, of Los Angeles, Cal., and William S. Marks, of Bakersfield, Cal., for appellees.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from an order denying appellant creditor's petition for dismissal of farmer bankruptcy proceedings under section 75 of the Bankruptcy Act, as amended, 11 U.S.C.A. § 203, and denying creditor leave to proceed with foreclosure sale.

J. LeRoy Moser and his wife petitioned the lower court for a composition and extension of their obligations under section 75. They alleged that they were farmers within the meaning of...

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