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MATTER OF HOLMES

No. 6985.

309 F.2d 748 (1962)

In the Matter of Donald E. HOLMES, Debtor, Appellant, In Proceedings for a Wage Earner Plan Under Chapter XIII.

United States Court of Appeals Tenth Circuit.

October 9, 1962.

Attorney(s) appearing for the Case

Francis L. Smith and Claude Rice, Kansas City, Kan., for appellant.

No appearance for appellee.

Before MURRAH, Chief Judge, and PHILLIPS and BREITENSTEIN, Circuit Judges.

MURRAH, Chief Judge.

This is an appeal from an order of the District Court affirming an order of the Referee in Bankruptcy, dismissing a Chapter XIII proceedings, in which the appellant-debtor sought confirmation of a wage earner plan (i. e. §§ 623 and 646) for an extension of time to pay his debts in full. The order of dismissal is based on the notion that the debtor, having availed himself of a like plan within six years next preceding the filing of this...

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