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THEIS v. LUTHER

No. 13118.

151 F.2d 397 (1945)

THEIS et al. (CULLING et al., Interveners) v. LUTHER.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied December 5, 1945.

Attorney(s) appearing for the Case

Frank P. Barker, of Kansas City, Mo., and Warren A. Seavey, of Cambridge, Mass. (Chauncey H. Clarke, of St. Louis, Mo., on the brief), for appellants.

Roy P. Swanson, of Kansas City, Mo. (Paul D. Kitt, of Chillicothe, Mo., and Charles M. Blackmar, of Kansas City, Mo., on the brief), for appellee.

Before WOODROUGH, JOHNSEN, and RIDDICK, Circuit Judges.

WOODROUGH, Circuit Judge.

This appeal is taken to reverse the dismissal of involuntary proceedings in bankruptcy against Durward Belmont Luther. The original petition in involuntary bankruptcy was filed by one creditor alleging that there were fewer than twelve creditors, but the alleged bankrupt's answer disclosed there were twenty-two. Subsequently, three claimants intervened, each asserting that he had a provable claim fixed as to liability and liquidated as to...

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