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IN THE MATTER OF WYSE

Nos. 14491, 14492.

296 F.2d 214 (1961)

In the Matter of Orval WYSE, dba Wyse Brothers Turkey Farm, Bankrupt (two cases). A. E. STALEY MANUFACTURING COMPANY, Appellant, v. Willard A. MACK, Trustee in Bankruptcy, Appellee. ARCHBOLD SEED & GRAIN COMPANY, Appellant, v. Willard A. MACK, Trustee in Bankruptcy, Appellee.

United States Court of Appeals Sixth Circuit.

November 24, 1961.

Attorney(s) appearing for the Case

John B. Spitzer, Toledo, Ohio (Marshall, Melhorn, Bloch & Belt, Toledo, Ohio, on the brief), for A. E. Staley Mfg. Co.

Howard C. Cook, Toledo, Ohio (Cline, Bischoff & Cook, Toledo, Ohio, on the brief), for Archbold Seed & Grain Company.

Robert B. Gosline, Toledo, Ohio (Arthur S. Newcomer of Newcomer & Shaffer, Bryan, Ohio; and Robert B. Gosline of Shumaker, Loop & Kendrick, Toledo, Ohio, on the brief), for Willard A. Mack.

Before MARTIN, Circuit Judge, SIMONS, Senior Judge, and CECIL, Circuit Judge.

ORDER.

The questions presented by these appeals from the Western Division of the United States District Court for the Northern District of Ohio are: 1. Whether a fund of $376,100.34 derived from the sale of about 100,000 turkeys is the property of the bankrupt, Orval Wyse, or the property of a partnership, consisting of the bankrupt and Archbold Seed and Grain Company; and, 2. Did the District Court err in not vacating its judgment of February 23, 1960, and in not...

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