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PETERSON v. BAKER

No. 13690.

168 F.2d 684 (1948)

PETERSON et al. v. BAKER et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied July 6, 1948.

Attorney(s) appearing for the Case

J. R. McManus, of Des Moines, Iowa (Walter F. Maley, of Des Moines, Iowa, on the brief), for appellants.

Addison G. Kistle, of Council Bluffs, Iowa (John R. DeWitt, of Griswold, Iowa, on the brief), for appellees W. F. Baker and Anna Baker.

No brief filed for appellee Montgomery County, Iowa.

Before GARDNER, WOODROUGH, and COLLET, Circuit Judges.

COLLET, Circuit Judge.

This appeal is from an order of the District Court dismissing a proceeding brought by Farmer-Debtors under the Frazier-Lemke Act. 11 U.S.C.A. 203. A statement of the proceedings prior to the present appeal is necessary to an understanding of the issues now before this court.

Gilbert Peterson and Mary Peterson were the owners of two tracts of land, one comprising 120 acres, the other 80 acres. On February 28, 1929, they placed a mortgage...

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