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101 F.2d 310

Docket No. 4420.

Wharton v. Shenandoah Pub. House

Fourth Circuit Court of Appeals

Decided Jan. 18, 1939.

Fourth Circuit Court of Appeals · decided 1939-01-18

Cited by 1 later decisions — most recently January 1960

1 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Decided 1939-01-18

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¶1Frances L. Wharton, pro se, for appellants.

¶2F. S. Tavenner, of Woodstock, Va., for appellees.

¶3Before PARKER and SOPER, Circuit Judges, and CHESNUT, District Judge.

¶4PER curiam:.

¶5The appeal in this case was taken from orders of the District Court wherein was affirmed a prior order of the referee in bankruptcy confirming a sale of real estate of the' bankrupt which was made for the purpose of liquidating a mortgage indebtedness long overdue. Proceedings to sell the property were first stayed by the District Court under the provisions of the first Frazier-Lemke Act, 48 Stat. 1289. When, that Act was declared unconstitutional, the proceedings were dismissed. After the passage of the second Frazier-Lemke Act, 11 U.S.C.A. § 203(s), the proceedings were reinstated and again dismissed. Thereupon, the present procfeedings in bankruptcy were instituted, so that the matter has. been before the court for a number of years.

¶6A motion has been filed by the appelleesto dismiss the appeal on the ground that the appellants have failed to file briefs in-this court in support of the appeal; because the transcript of record was not prepared and filed within the time limited and required by law, and because the nature of 'the ■ proceeding was such that the appellants were not entitled to appeal as a matter of right but only upon the order of’ this court. Nevertheless, taking into consideration the claim of the appellants of their inability to employ counsel and to-prepare a brief, we have permitted the appellants to appear in proper person and1 to make extended arguments, and have examined the record filed in the case. -Upon careful consideration thereof, we are. *311of the opinion that there was no error, and that the rulings of the District Court should be affirmed.

¶7Affirmed.

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