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C. I. T. CORPORATION v. HIMES

No. 6704.

98 F.2d 589 (1938)

C. I. T. CORPORATION v. HIMES. In re KECK et al.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied August 30, 1938.

Attorney(s) appearing for the Case

Leonard M. S. Morris, Louis Caplan, and Sachs & Caplan, all of Pittsburgh, Pa., for appellant.

W. P. Geary and A. A. Geary, both of Clarion, Pa., for appellee.

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

BUFFINGTON, Circuit Judge.

The facts of this bankruptcy case are detailed in the opinion of the court below, 23 F.Supp. 121.

After consideration, we find ourselves in accord therewith.

The gist of the case is summed up by the trial judge as follows:

"The claim as filed makes no mention of any such instrument. Section 57b of the Bankruptcy Act, 11 U.S.C.A. § 93(b), provides: `Whenever a claim is founded...

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