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MARCY v. MILLER

No. 1596.

95 F.2d 611 (1938)

MARCY v. MILLER et al.

Circuit Court of Appeals, Tenth Circuit.

March 25, 1938.

Attorney(s) appearing for the Case

John R. Parsons, of Wakeeney, Kan., for appellant.

Kenneth W. Wagner, of Topeka, Kan., and Paul W. Applegate, of Wakeeney, Kan. (W. H. Wagner and William Wagner, Jr., both of Wakeeney, Kan., on the brief), for appellees.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.

BRATTON, Circuit Judge.

Appellant filed a petition on June 24, 1936, for composition or extension of her debts under section 75 of the Bankruptcy Act, as amended, 11 U.S.C.A. § 203. U. S. Miller and C. R. Hille were listed in the schedules as creditors holding securities, each having a mortgage upon separate land in Trego County, Kansas. Miller moved to dismiss the proceeding as to him and the land covered by the mortgage...

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