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BENITEZ v. BANK

No. 90.

313 U.S. 270 (1941)

61 S.Ct. 953

85 L.Ed. 1324

CARLOTA BENITEZ SAMPAYO v. BANK OF NOVA SCOTIA.

Supreme Court of United States.

Decided May 12, 1941.

Attorney(s) appearing for the Case

Messrs. Fernando B. Fornaris and Elmer McClain submitted for petitioner.

Messrs. Walter L. Newsom, Jr. and J. Henri Brown submitted for respondent.

MR. JUSTICE MURPHY delivered the opinion of the Court.

To arrange a composition or an extension as a farmer-debtor, petitioner filed a petition in October, 1938, under § 75 of the Bankruptcy Act (47 Stat. 1467, 1470; as amended 48 Stat. 925; Id., 1289; 49 Stat. 246; Id., 942). Failing to secure the assents required by § 75 (g), petitioner amended her petition in November, 1938, to proceed under § 75 (s). Respondent then moved to dismiss...

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