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FOWLER v. SMISER

No. 6083.

274 F.2d 335 (1959)

Arthur FOWLER, Jr., Appellant, v. Raybourn H. SMISER, Sr., Raybourn H. Smiser, Jr., and Robert Emery Smiser, Mutual Benefit Life Insurance Company, Robert M. Barber, Florence G. McCaslin, B. D. Lack, Trustee, LeRoy Milton Rauch, Sr., E. R. Ledbetter, Receiver, LeRoy Milton Rauch, Sr., Bankrupt and Trustee, Appellees. In the Matter of LeRoy Milton RAUCH, Sr., Debtor.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 15, 1960.

Attorney(s) appearing for the Case

James R. McKinney, Oklahoma City, Okl. (McKinney & McKinney, Oklahoma City, Okl., were with him on the brief), for appellant.

Edward E. Soule, Roy C. Lytle, Oklahoma City, Okl., for Raybourn H. Smiser, Sr., Raybourn H. Smiser, Jr., and Robert Emery Smiser; Byron Lamun, Oklahoma City, Okl., for Mut. Benefit Life Ins. Co.; and Richard W. Fowler, Oklahoma City, Okl., for B. D. Lack, trustee (Florence G. McCaslin and Robert M. Barber, on the brief), for appellees.

No appearance for appellees LeRoy Milton Rauch, Sr., E. R. Ledbetter, Receiver, and LeRoy Milton Rauch, Sr., bankrupt and trustee.

Before BRATTON, LEWIS and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

In this bankruptcy proceeding the controversy relates to the denial of priority to the claim of appellant Fowler over certain mortgages. At the outset we are met with procedural difficulties affecting the right of Fowler to have such issue considered on this appeal.

The bankrupt, Rauch, was engaged in an Oklahoma City real estate development. As a commission for work performed by one Bradburn to obtain J. C. Penney Company as one...

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