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IN RE WOODRUFF

No. 12612.

272 F.2d 696 (1959)

In the Matter of Floyd WOODRUFF and Dolly Woodruff, Bankrupts. Charles H. SPARRENBERGER, Trustee, etc., Appellant, v. NATIONAL CITY BANK OF EVANSVILLE, INDIANA, Appellee.

United States Court of Appeals Seventh Circuit.

December 14, 1959.

Attorney(s) appearing for the Case

William L. Mitchell, Evansville, Ind., Victor Ahrens, Evansville, Ind., for appellant.

Willard C. Shrode, Isidor Kahn, Harry P. Dees, Arthur R. Donovan, Robert Kahn, Evansville, Ind. (Kahn, Dees, Donovan, Kahn & Shrode, Evansville, Ind., of counsel), for appellee.

Before MAJOR, PARKINSON and KNOCH, Circuit Judges.

KNOCH, Circuit Judge.

The appellee, The National City Bank of Evansville, Indiana, filed its claim in these bankruptcy proceedings seeking, inter alia, to establish a secured claim for a $46,000 promissory note executed by the bankrupts on November 24, 1956, as covered by the real estate mortgage given to the Bank by the bankrupts on October 5, 1951, to secure the payment of a $16,000 promissory note of the same date, by virtue of paragraph 14 of the said mortgage...

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