OPINION
KILKENNY, Circuit Judge:
Appellant creditor filed an application to determine the dischargeability of a debt owed it by appellee bankrupt, claiming the debt to have been fraudulently obtained under § 17(a)(2) of the Bankruptcy Act, 11 U.S.C. § 35(a)(2). The bankruptcy referee found for appellee. Appellant petitioned for review, the district court sustained the referee's
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