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IN RE NATIONAL REALTY TRUST

No. 9450.

166 F.2d 632 (1948)

In re NATIONAL REALTY TRUST. BAUMANN v. MOSSER et al.

Circuit Court of Appeals, Seventh Circuit.

March 2, 1948.

Attorney(s) appearing for the Case

Charles F. Short, Jr., and Ross Langdon, both of Chicago, Ill., for appellant.

Harry A. Biossat, of Chicago, for National Realty Trust.

Carl Wesley Mulfinger, Delta I. Jarrett, James H. Deming, and J. Edgar Kelly, all of Chicago, Ill., for Stacy C. Mosser, successor trustee.

Roger S. Foster, Sol. Securities and Exchange Commission, of Philadelphia, Pa., and Thomas B. Hart, Regional Administrator, G. Gale Roberson, John I. Mayer, Attys., Securities and Exchange Commission all of Chicago, Ill., and Sidney H. Willner, Associate Sol., and Aaron Levy, Atty., Securities and Exchange Commission both of Philadelphia, Pa., for appellees.

Before MAJOR and KERNER, Circuit Judges, and LINDLEY, District Judge.

MAJOR, Circuit Judge.

This appeal is from an order, entered June 13, 1947, sustaining a motion of appellees to strike a motion filed by appellant seeking to vacate an order entered May 24, 1935, approving a petition for reorganization, and to dismiss the proceedings. The proceedings were instituted upon a creditor's petition filed December 26, 1934, under Sec. 77B of the Bankruptcy Act, Title 11 U.S.C.A. § 207, sub. a. By an order dated January 31, 1941, the...

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