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E. F. CORPORATION v. SMITH

Nos. 73-1565 and 73-1566.

496 F.2d 826 (1974)

E. F. CORPORATION, Petitioner-Appellant, v. Arvel C. SMITH, Trustee in Bankruptcy for Rosen Oil Corporation, Bankrupt, Respondent-Appellee. Carl L. WETTIG and James R. Schmitt, Petitioners-Appellants, v. Arvel C. SMITH, Trustee in Bankruptcy for Rosen Oil Corporation, Bankrupt, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided May 6, 1974.

Attorney(s) appearing for the Case

Carl L. Wettig, Wichita, Kan. (Wettig, Southard & Caro and James R. Schmitt, Wichita, Kan., on the briefs), for petitioners-appellants.

C. Robert Bell, Jr., Wichita, Kan. (David C. Adams, Wichita, Kan., on the briefs), for respondent-appellee.

Before BREITENSTEIN, McWILLIAMS and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

These two appeals arise out of the bankruptcy of Rosen Oil Corporation. E. F. Corporation, the petitioner-appellant in No. 73-1565, and Carl L. Wettig and James R. Schmitt, the petitioners-appellants in No. 73-1566, each filed proof of claim and a reclamation petition alleging secured status and seeking the pledged collateral and full allowance of their claims. As to E. F. Corporation the referee denied secured status except as to an ...

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