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IN RE TEMPLE

No. 9833.

174 F.2d 145 (1949)

In re TEMPLE et al. BELL v. RECONSTRUCTION FINANCE CORPORATION.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 24, 1949.

Attorney(s) appearing for the Case

Kenneth H. Lemmer, of Springfield, Ill., J. L. McLaughlin and James M. McLaughlin, both of Sullivan, Ill., and Geo. E. Drach and Nelson O. Howarth, both of Springfield, Ill., for appellant.

Lee Walker and Stephen R. Chummers, both of Chicago, Ill., and Louis F. Gillespie and Gillespie, Burke & Gillespie, all of Springfield, Ill., for appellee Reconstruction Finance Corporation.

Before MAJOR, Chief Judge, KERNER and MINTON, Circuit Judges.

KERNER, Circuit Judge.

The trustee in bankruptcy appeals from an order granting priority to a claim of the Reconstruction Finance Corporation for an unsecured debt.1 He contends that the statutes relied upon by the court are not authority for the priority granted, and, if the RFC were entitled to such priority, it was waived by its participation as an unsecured creditor in the first meeting of creditors and election of the trustee, and...

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