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HYMAN v. McLENDON

No. 4414.

102 F.2d 189 (1939)

HYMAN v. McLENDON et al. In re LANE.

Circuit Court of Appeals, Fourth Circuit.

February 28, 1939.

Attorney(s) appearing for the Case

L. D. Jennings and Marion W. Seabrook, both of Sumter, S. C. (Royall & Wright, of Florence, S. C., and C. B. Ruffin, of Hartsville, S. C., on the brief), for appellant.

Henry E. Davis, of Florence, S. C. (Samuel Want, of Darlington, S. C., and Henry C. Jennings and R. H. Singletary, both of Bishopville, S. C., on the brief), for appellees.

Before PARKER and SOPER, Circuit Judges, and CHESNUT, District Judge.

PARKER, Circuit Judge.

This is an appeal from an order directing that a suit by a trustee in bankruptcy to impress a trust on property and for the recovery of damages be prosecuted in the court of bankruptcy, referring the suit for hearing to the referee in bankruptcy and enjoining the trustee and the bankrupt from further prosecution of a suit involving the same subject matter instituted in a state court. Motion is made to dismiss the appeal because not taken within...

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