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MARKS v. BRUCKER

No. 23827.

434 F.2d 897 (1970)

Robert B. MARKS, Bankrupt-Appellant, v. Milton BRUCKER, Creditor-Appellee.

United States Court of Appeals, Ninth Circuit.

November 20, 1970.

Attorney(s) appearing for the Case

Barry V. Freeman (argued), of Bernfeld & Cohen, Los Angeles, Cal., for bankrupt-appellant.

Stephen Chrystie (argued), of Buchalter, Nemer, Fields & Savitch, Los Angeles, Cal., for creditor-appellee.

Before CHAMBERS and DUNIWAY, Circuit Judges, and THOMPSON, District Judge.

THOMPSON, District Judge:

On May 21, 1965, Brucker sued Marks and Marks' wife in a state court for $127,195.21 due on a guaranty. On June 15, 1965, Marks filed a petition in bankruptcy. On August 26, 1965, Brucker filed his proof of claim in bankruptcy for the same amount, attaching a copy of the state court complaint as an exhibit. On October 25, 1965, Marks was granted a discharge in bankruptcy. In the meantime, the prosecution of the state court action continued...

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