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IN RE MILLER

No. 8059.

111 F.2d 28 (1940)

In re MILLER. MILLER v. HATFIELD et al.

Circuit Court of Appeals, Sixth Circuit.

April 11, 1940.

Attorney(s) appearing for the Case

Elmer McClain, of Lima, Ohio, and Walter G. Rusher, of Columbus Grove, Ohio, for appellant.

C.W. Fawcett and E. F. Weiser, both of Ottawa, Ohio, Kent W. Hughes, of Lima, Ohio, and Geer, Lane & Downing, of Toledo, Ohio, for appellees.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

The above appeal was dismissed pursuant to per curiam opinion, 6 Cir., 101 F.2d 748, because of the absence of Clayton C. Wehrly, a necessary party. The Supreme Court on January 15, 1940, reversed. 60 S.Ct. 374, 84 L.Ed. ___. Wehrly having entered his appearance, the cause is resubmitted.

The appeal is from a decree of the District Court ordering a sale of the bankrupt's farm under Section 75, sub...

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