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PETERSON v. JOHN HANCOCK MUT. LIFE INS. CO.

No. 11713.

116 F.2d 148 (1940)

PETERSON v. JOHN HANCOCK MUT. LIFE INS. CO. OF BOSTON, MASS.

Circuit Court of Appeals, Eighth Circuit.

November 26, 1940.

Attorney(s) appearing for the Case

Howard L. Bump, of Des Moines, Iowa (R. J. Swanson, of Red Oak, Iowa, and D. L. Ross, William E. Mitchell, and Karl F. Geiser, all of Council Bluffs, Iowa, on the brief), for appellant.

Folsom Everest, of Council Bluffs, Iowa, for appellee.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

This appeal presents the question whether the district court erred under the circumstances in denying to the appellant, a farmer-debtor, the benefits of the Frazier-Lemke Act, section 75, sub. s of the Bankruptcy Act, 11 U.S.C.A. § 203 sub. s.

The appellant owns and with her husband resides on a farm of 120 acres situated in Montgomery county, Iowa, on which the appellee holds a mortgage. On February 27, 1939, appellant filed her...

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