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IN RE LEINWEBER

No. 6379.

95 F.2d 240 (1938)

In re LEINWEBER. LEINWEBER v. FEDERAL LAND BANK OF ST. LOUIS, MO.

Circuit Court of Appeals, Seventh Circuit.

March 4, 1938.

Attorney(s) appearing for the Case

J. W. Templeman, of Springfield, Ill., for appellant.

Theo. E. Kircher, of St. Louis, Mo., and L. D. Turner, Jr., of Belleville, Ill., for appellee.

Before EVANS and MAJOR, Circuit Judges, and LINDLEY, District Judge.

EVANS, Circuit Judge.

This appeal is from an order dated July 12, 1937, refusing leave to file a petition of the debtor (a farmer) to reinstate a former petition filed by him under section 75 (s) (5) of the Bankruptcy Act, as amended August 28, 1935, 11 U.S.C.A. § 203(s) (5).

The refusal to reinstate was predicated on two grounds: (a) unreasonable delay in seeking reinstatement; (b) rights had been acquired by the mortgage creditor in the interim; it...

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