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IN RE LAVIN ELECTRIC COMPANY

No. 12936.

283 F.2d 233 (1960)

In the Matter of LAVIN ELECTRIC COMPANY, Bankrupt. Eusebius J. BIGGS, Appellant, v. C. Wylie ALLEN, as Trustee, etc., Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 10, 1960.

Attorney(s) appearing for the Case

E. J. Biggs, pro se, for appellant.

Charles G. Martin, Chicago, Ill., for appellee.

Before HASTINGS, Chief Judge, and DUFFY and MAJOR, Circuit Judges.

DUFFY, Circuit Judge.

Appellant Biggs was listed in the bankruptcy schedules as a debtor of bankrupt. He claims he is a creditor, but refuses to file a claim on the theory that the bankruptcy proceedings herein were fraudulent. He argues that because of such fraud, there is in this case no legal bankruptcy. However, Biggs did not appeal from the order of adjudication, and we must consider on this appeal that the bankruptcy proceedings were legal and pursuant to the...

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