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VALASKE v. WIRTZ

No. 8144.

106 F.2d 450 (1939)

VALASKE v. WIRTZ. In re ST. CLAIR et al.

Circuit Court of Appeals, Sixth Circuit.

September 18, 1939.

Attorney(s) appearing for the Case

Manuel Valaske, of Chattanooga, Tenn. (Manuel Valaske, of Chattanooga, Tenn., on the brief), for appellant.

Louis R. Schear, of Cincinnati, Ohio (Louis R. Schear, of Cincinnati, Ohio, on the brief), for appellee.

Before HICKS, ALLEN, and ARANT, Circuit Judges.

ARANT, Circuit Judge.

For several years John St. Clair and Chris Demetral were partners in the operation of a restaurant in Hamilton, Ohio, known as The Gold Dollar Cafe, owning respectively two-thirds and one-third interests therein. On October 27, 1937, they filed a voluntary petition in bankruptcy, and the partnership was duly adjudged bankrupt. Appellant claimed to be a secured creditor by virtue of a mortgage executed to him by St. Clair. The referee denied appellant...

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