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WHITESIDE v. ROCKY MOUNTAIN FUEL CO.

No. 1619.

101 F.2d 765 (1938)

WHITESIDE v. ROCKY MOUNTAIN FUEL CO. In re STANDARD COAL MINE, Inc.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied February 14, 1939.

Attorney(s) appearing for the Case

Cass M. Herrington, of Denver, Colo. (G. Walter Bowman, of Denver, Colo., on the brief), for appellant.

Albert L. Vogl, of Denver, Colo. (Frank A. Wachob, of Denver, Colo., on the brief), for appellee.

Before LEWIS, PHILLIPS, and WILLIAMS, Circuit Judges.

LEWIS, Circuit Judge.

May 1, 1937, Standard Coal Mine, Inc., a Colorado corporation, filed its petition to be adjudicated bankrupt, and on May 3, 1937, the order of adjudication was entered. For sometime theretofore it had been operating a producing coal mine in Colorado under a sub-lease given to it by appellee. On May 14, 1937, appellee filed its claim against the estate for $13,698.61, charging that bankrupt was at and before the filing of the petition for adjudication...

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