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RECONSTRUCTION FINANCE CORPORATION v. COHEN

No. 3855.

179 F.2d 773 (1950)

RECONSTRUCTION FINANCE CORPORATION v. COHEN et al. In re BURCH.

United States Court of Appeals Tenth Circuit.

January 17, 1950.

Attorney(s) appearing for the Case

Rufus Burrus, Independence, Mo. (James L. Dougherty, Washington, D. C., on the brief), for appellant.

H. W. Goodwin, Wichita, Kan. (Harold A. Zelinkoff, Wichita, Kan., on the brief), for appellees.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

The question presented for determination is whether in a bankruptcy proceeding where one creditor holds a mortgage covering property the value of which is substantially more than the secured debt, and where parts of the mortgaged property are sold free and clear of debt with the consent of the secured creditor, a deduction of three per cent may be made from the amount due the secured creditor to be covered into the referee's salary fund and...

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