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IN RE CUMMINGS

No. 235-68.

413 F.2d 1281 (1969)

In the Matter of Marion CUMMINGS, Bankrupt. In the Matter of Audrey Alberta CUMMINGS, Bankrupt. In the Matter of Benancio Ernest DOMINGUEZ, Bankrupt. In the Matter of Cora Esther DOMINGUEZ, Bankrupt. Sears, Roebuck and Company and Montgomery Ward and Company, Appellants.

United States Court of Appeals Tenth Circuit.

August 12, 1969.

Attorney(s) appearing for the Case

Herbert W. DeLaney, Jr., Denver, Colo., filed a brief for appellants Sears, Roebuck & Co. and Montgomery Ward & Co.

James R. Horton, Denver, Colo., filed a brief for himself and for William R. Young as Trustees in Bankruptcy.

Before BREITENSTEIN, HILL and HOLLOWAY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Voluntary petitions in bankruptcy were filed by Mr. and Mrs. Benancio Dominguez and by Mr. and Mrs. Marion Cummings. Dominguez had purchased household goods from Montogomery Ward and Company and given a purchase money chattel mortgage on which $211.77 was due at the time of bankruptcy. Cummings had purchased household goods from Sears, Roebuck and Company and given a purchase money chattel mortgage on which $338.11 was due at the time...

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