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IN RE BARBER

No. 8410.

140 F.2d 727 (1944)

In re BARBER.

Circuit Court of Appeals, Third Circuit.

Decided January 31, 1944.

Attorney(s) appearing for the Case

Charles S. Barrett, Jr., of Newark, N. J. (Lum, Fairlie & Wachenfeld, of Newark, N. J., and Jackson R. Collins, of New York City, on the brief), for appellant.

Meyer W. Stein, of Paterson, N. J., for appellee.

Before JONES, GOODRICH, and McLAUGHLIN, Circuit Judges.

JONES, Circuit Judge.

This is an appeal by a creditor of the bankrupt from an order of the District Court affirming the referee's refusal to adjudicate with respect to the alleged non-dischargeability of the creditor's claim under circumstances hereinafter to be related.

Barber was adjudicated a bankrupt on April 4, 1941, upon his voluntary petition filed the same day. Approximately a year before (May 4, 1940), he...

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