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WHARTON v. FARMERS & MERCHANTS BANK

No. 11814.

119 F.2d 487 (1941)

WHARTON et al. v. FARMERS & MERCHANTS BANK OF GREEN RIDGE, MO., et al.

Circuit Court of Appeals, Eighth Circuit.

May 5, 1941.

Attorney(s) appearing for the Case

S. W. James, Jr., of Jefferson City, Mo., for appellants.

D. C. Chastain, of Butler, Mo., and W. W. Blain, of Sedalia, Mo., (A. Z. Patterson and Gardner Smith, both of Kansas City, Mo., on the brief), for appellees.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.

SANBORN, Circuit Judge.

The question for determination in this case is whether the appellants are entitled to have administered, under § 75, sub. s of the Bankruptcy Act [11 U.S.C.A. § 203, sub. s], farm lands, formerly owned by them, as to which their bankruptcy proceedings were dismissed on November 23, 1938.1

The facts are not in dispute. The appellants are farmer-debtors who owned 450 acres of farm lands in Pettis...

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