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IN RE BURTON COAL CO.

No. 9023.

155 F.2d 561 (1946)

In re BURTON COAL CO. et al. BURTON v. BROWNING et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 28, 1946.

Attorney(s) appearing for the Case

John J. Dowdle, of Chicago, Ill. (Joseph Keig, of Chicago, Ill., of counsel), for appellant.

J. Roy Browning and Henry S. Blum, both of Chicago, Ill., for appellees.

Before EVANS, SPARKS, and KERNER, Circuit Judges.

EVANS, Circuit Judge.

Appellee, Freeman Coal Mining Corporation, hereafter called Freeman Company, moves to dismiss this bankruptcy appeal on the ground of frivolousness of appeal, lack of right of party appealing to appear in the bankruptcy proceedings, and res adjudicata.

Appellant is the widow and administratrix of Frederic Burton who was an officer and stockholder of the Burton Coal Company, one of the three companies which was reorganized. His stock had...

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