GIBSON, District Judge.
On May 11, 1937, Edward McGrew, with a foreclosure threatened, filed a petition as a farmer under Section 75 of the Bankruptcy Act, 11 U.S.C.A. § 203. This petition was dismissed by the District Court because it was established that petitioner was not a farmer. Following the dismissal a mortgagee instituted foreclosure proceedings. McGrew thereupon appealed and the Circuit Court of Appeals sustained the judgment. In the meantime the mortgagee...
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