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IN RE BRAKER

No. 8920.

127 F.2d 652 (1942)

In re BRAKER. HYDE PARK LUMBER CO. v. WEST NORWOOD BUILDING & LOAN CO. et al.

Circuit Court of Appeals, Sixth Circuit.

April 16, 1942.

Attorney(s) appearing for the Case

W. C. Kelly, of Cincinnati, Ohio (Nichols, Wood, Marx & Ginter, of Cincinnati, Ohio, on the brief), for appellant.

Edward C. Hauer, of Cincinnati, Ohio (Hauer & Topmoeller, of Cincinnati, Ohio, on the brief), for appellee West Norwood Bldg. & Loan Co.

Lester Butterworth, of Cincinnati, Ohio (Lester Butterworth, of Cincinnati, Ohio, on the brief), for appellee Huber Bros.

Louis R. Schear, of Cincinnati, Ohio, for appellee Samuel S. Davies, trustee.

Before ALLEN, MARTIN, and McALLISTER, Circuit Judges.

ALLEN, Circuit Judge.

This is an appeal from an order approving and confirming an order of distribution in a bankruptcy proceeding. On the merits the principal question is whether a mortgage which does not contain a covenant authorizing the mortgagee to pay materialmen and laborers and otherwise comply with the provisions of Section 8321-1, General Code of Ohio, entitles the mortgagee in bankruptcy proceedings to share in the proceeds of a sale of the mortgaged property...

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