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JENKINS v. PETITIONING CREDITOR — RAY E. FRIEDMAN & CO.

No. 80-1972.

664 F.2d 184 (1981)

Brent Thomas JENKINS and Brent Thomas Jenkins, d/b/a Jenkins Stock Farms, Alleged Bankrupt, Appellee, v. PETITIONING CREDITOR — RAY E. FRIEDMAN & COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 18, 1981.

Rehearing Denied December 29, 1981.

Attorney(s) appearing for the Case

Ronald H. McLean (argued), of Tenneson, Serkland, Lundberg, Erickson & Marcil, Ltd., Fargo, N. D., for petitioning creditor-appellant.

Dorsey, Windhorst, Hannaford, Whitney & Halladay, Paul J. Scheerer (argued), Minneapolis, Minn., Lamb, Schaefer, McNair & Larson, Ltd., Fargo, N. D., for appellee.

Before McMILLIAN and ARNOLD, Circuit Judges, and HANSON, Senior District Judge.

McMILLIAN, Circuit Judge.

Appellant Ray E. Friedman & Co. (Friedman) seeks reversal of the district court's1 order dismissing its involuntary petition in bankruptcy. Friedman contends the district court erred in concluding that the alleged bankrupt, Brent Thomas Jenkins, was a "farmer" within the meaning of § 4(b) of the Bankruptcy Act of 1898,2 and therefore exempt from an adjudication of involuntary...

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