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IN RE A. ROTH CO.

No. 7737.

125 F.2d 396 (1942)

In re A. ROTH CO., Inc. RYAN v. CHATZ.

Circuit Court of Appeals, Seventh Circuit.

February 5, 1942.

Attorney(s) appearing for the Case

Henry N. Shabsin, of Oak Park, Ill., for appellant.

Thos. Lindskog, of Chicago, Ill., for appellee.

Before EVANS, KERNER and MINTON, Circuit Judges.

KERNER, Circuit Judge.

This appeal is from an order of the Bankruptcy Court approving and confirming certain orders of the referee. The orders granted the trustee in bankruptcy leave to foreclose a mortgage in the state court and denied Ryan leave to foreclose her senior mortgage on the same property.

The facts are these. One Aaron Roth was the sole stockholder of A. Roth, Inc., the present bankrupt. In order to induce the creditors of the corporation to accept...

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