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IN RE KELLER

Nos. 39163, 39593.

120 F.Supp. 274 (1954)

In re KELLER (two cases).

United States District Court, N. D. California, S. D.

April 13, 1954.

Attorney(s) appearing for the Case

James M. Conners, San Francisco, Cal., for assignee.

E. Conrad Connella, San Francisco, Cal., for referee in bankruptcy.

HARRIS, District Judge.

Petitioner W. J. Hempy seeks to review the order of the Referee in Bankruptcy disallowing petitioner's claim. The Referee found that Charles Rudy, assignor of petitioner, failed to file his proof of claim within the requirements of the Bankruptcy Act, 11 U.S.C.A. § 93, sub. n.

The facts are not in dispute: Charles Rudy filed a document entitled "Proof of Claim" on October 27, 1952. Such filing was more than six months after the...

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