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FAUSETT v. MURNER

No. 25842.

402 F.2d 961 (1968)

Albert FAUSETT, Trustee, Appellant, v. Jack MURNER, d/b/a Murner's Refrigeration Service, Appellee.

United States Court of Appeals Fifth Circuit.

October 30, 1968.

Attorney(s) appearing for the Case

Richard M. Nichols, Macon, Ga., for appellant.

L. Z. Dozier, Macon, Ga., for appellee.

Before WISDOM and AINSWORTH, Circuit Judges, and JOHNSON, District Judge.

AINSWORTH, Circuit Judge:

The Trustee has appealed the District Court's decision reversing an order of the Referee in Bankruptcy and allowing a secured creditor to file an amended claim in a Chapter XIII bankruptcy proceeding1 approximately one month beyond the six-month statutory period.2

On July 12, 1965, the wage earner, A. C. Smith, filed a petition under Chapter XIII of the Bankruptcy Act, commonly...

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