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BINGHAM v. YINGLING CHEVROLET COMPANY

No. 6731.

297 F.2d 341 (1961)

J. O. BINGHAM, Debtor, Appellant, v. YINGLING CHEVROLET COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

December 6, 1961.

Attorney(s) appearing for the Case

Donald B. Clark, Wichita, Kan. (Charles D. Anderson and Marvin R. Appling, Wichita, Kan., on the brief), for appellant.

Malcolm Miller, Wichita, Kan. (George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Gerald Sawatzky, Donald L. Cordes, and Robert L. Howard, Wichita, Kan., on the brief), for appellee.

Before BRATTON, LEWIS and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This appeal must be dismissed because it presents no controversy. Appellant Bingham petitioned in the court below for a wage earner's plan pursuant to Chapter XIII of the Bankruptcy Act.1 Previously he had filed a similar petition and had received a discharge within six years prior to the filing of the petition involved herein. The Bankruptcy Act provides2

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