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VAN ANDEL v. SMITH

No. 5601.

248 F.2d 915 (1957)

John J. VAN ANDEL, Appellant, v. Theoren Charles SMITH, Theoren Per Lee Smith, Amelia E. Smith, Kitty Helen Smith, individually; and the partnership known as T. C. Smith & Sons, composed of the said Theoren Charles Smith, Theoren Per Lee Smith, Amelia E. Smith, Kitty Helen Smith; Stanley W. Prisner, as Trustee in Bankruptcy for said individuals and said partnership; Hallack and Howard Lumber Company, a corporation; George Wafer, doing business as J. J. Wafer Plumbing and Heating Co.; and W. D. Woodside Company, a co-partnership consisting of Forrest S. Woodside, Eva Woodside and Mildred E. Woodside, Appellees.

United States Court of Appeals Tenth Circuit.

October 23, 1957.

Attorney(s) appearing for the Case

Carl A. Wyers, Denver, Colo. (Wagner & Wyers, Denver, Colo., on the brief), for appellant.

Richard P. Hall, Denver, Colo. (Phelps & Wittelshofer, James D. Doyle, and Emory L. O'Connell, Denver, Colo., on the brief), for appellees.

Before BRATTON, Chief Judge, and PHILLIPS and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The appellant Van Andel seeks relief from an order of the Referee in Bankruptcy for the District of Colorado holding that he was a member of the partnership known as T. C. Smith & Son and that the partnership was bankrupt. An appropriate petition for review was denied by the district court.

Hallack and Howard Lumber Company,1 George Wafer, doing business as J. J. Wafer Plumbing and Heating Co.,...

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