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GENERAL PROTESTANT ORPHANS' HOME v. IVEY

No. 12884.

240 F.2d 239 (1956)

The GENERAL PROTESTANT ORPHANS' HOME, Appellant, v. Roger Scott IVEY, Appellee.

United States Court of Appeals Sixth Circuit.

December 28, 1956.

Attorney(s) appearing for the Case

Charles J. Armstrong, Cincinnati, Ohio, for appellee.

Anthony J. De Censo, A. I. Murdock, Cincinnati, Ohio, for appellant.

Before SIMONS, Chief Judge, and ALLEN and STEPHENS, Circuit Judges.

PER CURIAM.

Appellant filed suit in the state court upon an account, praying judgment for $2,176.77 alleged to be due from appellee for room and board of three of appellee's children. Appellee shortly thereafter filed a petition in bankruptcy listing appellant as an unsecured creditor. Appellant filed no claim in the bankruptcy proceedings and on June 3, 1954, appellee was discharged in bankruptcy. On the same day the case in the state court proceeded to judgment...

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