GARLINGTON v. WASSON

No. 10656.

139 F.2d 183 (1943)

GARLINGTON et al. v. WASSON et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 12, 1944.


Attorney(s) appearing for the Case

Elmer McClain, of Lima, Ohio, and Thos. E. Hayden, Jr., and D. M. Oldham, both of Abilene, Tex., for appellants.

Clyde E. Thomas, of Big Spring, Tex., for appellees.

Before SIBLEY, HOLMES, and WALLER, Circuit Judges.


SIBLEY, Circuit Judge.

The appeal is from an order dismissing an amended petition in bankruptcy under Section 75, sub. s, of the Bankruptcy Act, 11 U.S.C.A. § 203, sub. s.

The appellants, as farmer debtors, filed a petition for composition and extension on July 26, 1939. After due proceedings the conciliation commissioner reported a failure to secure an agreement with creditors and on October 23, 1939, the judge ordered that the proceeding be dismissed...

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