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THOMAS v. SPRUKS

No. 6691.

100 F.2d 198 (1938)

THOMAS et al. v. SPRUKS.

Circuit Court of Appeals, Third Circuit.

July 12, 1938.

Attorney(s) appearing for the Case

Howard H. Rapp, of Philadelphia, Pa., for appellants.

George W. Morrow, and Ralph W. Rymer, of Scranton, Pa., for appellee.

Before BUFFINGTON and BIGGS, Circuit Judges, and DICKINSON, District Judge.

DICKINSON, District Judge.

The fact situation calls for analysis. The proceeding is one under section 77B, Bankr.Act, 11 U.S.C.A. § 207, the Northumberland Mining Company being the debtor. The debtor had leased from the Appellants tracts of land upon which was stored a culm bank or pile of coal. Default having been made in the payment of the rent reserved, the first named Appellant as bailiff for the landlords levied upon the coal pile by way of distraint for...

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