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ELLIOTT v. OSTMAN

No. 19360.

340 F.2d 581 (1965)

Peter M. ELLIOTT, Trustee in Bankruptcy of Kenneth P. Ostman and Douglas L. Ostman, Bankrupts, Appellant, v. Kenneth P. OSTMAN and Douglas L. Ostman, Appellees.

United States Court of Appeals Ninth Circuit.

January 5, 1965.

Attorney(s) appearing for the Case

Joseph S. Potts, Craig, Weller & Laugharn, Los Angeles, Cal., for appellant.

Charles J. Lusin, Smith, Lusin & Hafer, Orange, Cal., for appellees.

Before BARNES and ELY, Circuit Judges, and PENCE, District Judge.

ELY, Circuit Judge.

Appellant, the Trustee of two bankrupt estates, questions the correctness of the District Court's affirmance of an Order of the Referee in Bankruptcy. The Order allowed the claimed homestead exemptions of the bankrupts against the Trustee's contention that the bankrupts' homestead declarations were fatally deficient under California law.

Subdivision 4 of Section 1263 of the California Civil Code, read with Section 1267 of the same Code...

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