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IN RE STATE THREAD CO.

Nos. 8901, 8902.

126 F.2d 296 (1942)

In re STATE THREAD CO. GILMAN v. DAVIS. DAVIS v. GILMAN.

Circuit Court of Appeals, Sixth Circuit.

March 4, 1942.

Attorney(s) appearing for the Case

Perry Elwood Hamilton, of Cleveland, Ohio, (Grossman & Grossman, of Cleveland, Ohio, on the brief), for Albert A. Gilman, appellant, cross-appellee.

H. K. Bell, of Cleveland, Ohio (Spieth, Taggart, Spring & Annat, of Cleveland, Ohio, on the brief), for M. T. Davis, appellee and cross-appellant.

Before HICKS, HAMILTON, and MARTIN, Circuit Judges.

MARTIN, Circuit Judge.

At the first meeting of the creditors of the bankrupt, a single creditor, M. T. Davis, with a proven claim of $5,496.10, voted for Loewenthal for trustee of the bankrupt estate; and four creditors, whose proven claims aggregated $1,555.76, voted for Albert A. Gilman. One candidate, therefore, received a majority in the amount while his opponent received a majority in the number of claims. The referee, however, ruled out the single vote cast...

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