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IN RE TOMS

No. 8034.

101 F.2d 617 (1939)

In re TOMS. TUTTLE v. SMITH.

Circuit Court of Appeals, Sixth Circuit.

February 14, 1939.

Attorney(s) appearing for the Case

W. W. Brashear, of Detroit, Mich. (Kelley, Sessions, Warner & Eger, of Lansing, Mich., and Darden & Brashear, of Detroit, Mich., on the brief), for appellant.

W. S. Foster, of Lansing, Mich. (Foster & Cameron, of Lansing, Mich., on the brief), for appellee.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

This is an appeal from a decree of the District Court vacating and setting aside an order of the Referee in Bankruptcy on petition to review.

Charles E. Toms filed his petition and was adjudicated a bankrupt on March 3, 1933, and appellant, Esther Tuttle, is his trustee and on January 19, 1937, filed with the Referee petition asking authority to sell at public auction the undivided one-third interest of the bankrupt in a certain parcel...

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