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UNITED STATES v. OMER

No. T-3282.

232 F.Supp. 746 (1964)

UNITED STATES of America, Plaintiff, v. Charles L. OMER and Ray L. Martin, Defendants.

United States District Court D. Kansas.

August 11, 1964.

Attorney(s) appearing for the Case

Newell A. George, U. S. Atty., and Elmer Hoge, Asst. U. S. Atty., Topeka, Kan., for plaintiff.

Thomas H. Finigan of Finigan, Poizner & Tucker, Kansas City, Kan., and Roy K. Dietrich and Arlyn D. Haxton of Dietrich, Tyler, Davis, Burrell & Dicus, Kansas City, Mo., for defendant, Charles L. Omer.

Claude L. Rice and Clarence H. Wood of Rice, Groner, Nugent & Baska, Kansas City, Kan., for defendant, Ray L. Martin.

ARTHUR J. STANLEY, JR., Chief Judge.

In this action against defendants as guarantors of certain indebtedness due the plaintiff, the defendant, Martin, has moved the court to be dismissed as a defendant for the reason that he was granted a discharge in bankruptcy which released him from liability on the obligation here sued upon. Plaintiff resists this motion, contending that the discharge did not operate against the plaintiff because of Martin's failure to comply...

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