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WIKES v. SMITH

No. 26362.

465 F.2d 1142 (1972)

In the Matter of Joelanne WIKES, Bankrupt and Appellant, v. James A. A. SMITH, Trustee and Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing October 19, 1972.

Attorney(s) appearing for the Case

Ira D. Riskin (argued), of Gould, Magaram & Riskin, Los Angeles, Cal., for bankrupt-appellant.

Richard M. Moneymaker (argued), of Tiernan & Moneymaker, Los Angeles, Cal., for trustee-appellee.

Before MERRILL and GOODWIN, Circuit Judges, and LINDBERG, District Judge.

LINDBERG, WILLIAM J., District Judge.

Appellant Joelanne Wikes and her husband Gerald each filed a voluntary petition in bankruptcy on November 13, 1968. The two proceedings were consolidated by the District Court on its own motion, and the same trustee was appointed to administer each estate.

For some years prior to bankruptcy, Gerald and Joelanne worked together as husband and wife to operate a small, unincorporated family business. In October of 1966, they...

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