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IN RE POWELL

No. 1528.

121 F.Supp. 33 (1954)

In re POWELL et al.

United States District Court D. Delaware.

May 12, 1954.

Attorney(s) appearing for the Case

Robert W. Tunnell, of Tunnell & Tunnell, Georgetown, Del., for bankrupt.

William Prickett, Wilmington, Del., and John E. Mulder, of Wexler, Mulder & Weisman, Philadelphia, Pa., for petitioning creditor.

LEAHY, Chief Judge.

On January 27, 1953, Harper Feed Mills, Inc., petitioned to have Edwin R. Powell and Joshua E. Turner and the partnership known as Powell & Turner, composed of the same individuals, adjudicated bankrupts. By answer the alleged bankrupts denied they were subject to an involuntary proceeding in bankruptcy because as individuals and as a partnership they were farmers engaged primarily in the raising of poultry in an unmanufactured state. The Referee...

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