KNIGHT, District Judge.
In or about August 17, 1934, one Himes instituted suit against the debtor above-named for the foreclosure of a mortgage. On August 31, 1934, the above-named debtor filed his petition under the provisions of section 75 (s) of the Bankruptcy Act (11 U.S.C.A. § 203 (s), known as the Frazier-Lemke Act, praying an opportunity
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