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STOLLER v. CLEVELAND TRUST CO.

No. 9180.

133 F.2d 180 (1943)

STOLLER v. CLEVELAND TRUST CO. et al.

Circuit Court of Appeals, Sixth Circuit.

February 1, 1943.

Attorney(s) appearing for the Case

Elmer McClain, of Lima, Ohio (Elmer McClain, of Lima, Ohio, and J. F. Cavanagh, of Paulding, Ohio, on the brief), for appellant.

Kerns Wright, of Van Wert, Ohio, and Lorin L. Hogue, of Bryan, Ohio (Kerns Wright, of Van Wert, Ohio, Lorin L. Hogue, of Bryan, Ohio, and Hawley E. Stark and L. F. Laylin, both of Cleveland, Ohio, on the brief), for appellees.

Before HICKS, SIMONS and MARTIN, Circuit Judges.

MARTIN, Circuit Judge.

One week after appellant had filed a petition as a farmer-debtor, for the composition or extension of his debts under Section 75 of the Bankruptcy Act, 11 U.S.C.A., § 203, the appellees, as creditors, moved to dismiss the petition upon the ground that appellant is not a farmer as defined in the Act. The district judge referred the motion to the supervising conciliation commissioner for the district, as special master to take testimony and...

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