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HOBBS v. FRANKLIN JEWELRY CO.

No. 10261.

131 F.2d 432 (1942)

HOBBS v. FRANKLIN JEWELRY CO., Inc.

Circuit Court of Appeals, Fifth Circuit.

October 31, 1942.

Attorney(s) appearing for the Case

J. Emmett Baird, of Atlanta, Ga., for appellant.

Ellis McClelland, of Atlanta, Ga., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

Brought by the bankrupt to enjoin the enforcement of a State Court judgment in trover obtained after his discharge in bankruptcy, the claim of the suit was that the liability fell with the discharge and the judgment was unenforceable.

The defenses were: (1) that the case of conversion made out in the State Court was not a mere negligent or technical one and therefore dischargeable under Davis v. Ætna Acceptance Company,

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