SANBORN, Circuit Judge.
This is an appeal from an order of the District Court affirming the findings and order of the referee in bankruptcy disallowing the claim of the appellant, Paul R. Litzke, as trustee for himself and certain other stockholders of the bankrupt, the Tipton Nursery, Inc., either as a secured or unsecured claim. The record discloses these facts:
The Nursery, a corporation, was adjudged bankrupt on its voluntary petition on December 24, 1921...
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