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151 F.2d 153

Docket No. 13080.

State v. Szarkowskiz

Eighth Circuit Court of Appeals

Decided Sept. 11, 1945.

Writ of Certiorari Denied Nov. 19, 1945.

Eighth Circuit Court of Appeals · decided 1945-09-11

Cited by 3 later decisions — most recently October 1950

3 federal appellate ·

2 counsel of record

Relies on Wright v. Union Central Life Insurance · Davis v. Associated Indemnity Corp.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1945-09-11

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¶1See 66 S.Ct. 175.

¶2C. E. Brace, Asst. Atty. Gen., of North Dakota (Neis G. Johnson, Atty. Gen., of *154North Dakota, and P. O. Sathre, Asst. Atty. Gen., of North Dakota, on the brief), for appellant.

¶3Arthur L. Knauf, of Jamestown, N. D. (John Knauf, of Jamestown, N. D., on the brief), for appellee.

¶4Before GARDNER, SANBORN, and THOMAS, Circuit Judges.

¶5PER CURIAM.

¶6The appellee, a farmer-debtor who was adjudged a bankrupt under § 75, sub. s, of the Bankruptcy Act, 11 U.S.C.A. § 203, sub. s, sought to redeem his land by depositing in court the amount for which it had been reappraised. See § 75, sub. s(3). The appellant, a secured creditor holding a sheriff’s certificate of mortgage foreclosure sale issued upon foreclosure of a mortgage held by the appellant, made a written request for a public sale pursuant to the provisions of § 75, sub. s(3), 11 U.S.C.A. § 203, sub. s(3). The Conciliation Commissioner denied the request of the appellant for a public sale. Upon review, the District Court affirmed the Commissioner, and this appeal followed.

¶7The opinion of the Supreme Court of the United States in Wright v. Union Central Life Insurance Co., 311 U.S. 273, 61 S.Ct. 196, 85 L.Ed. 184, and the opinion of this Court in Wolfheim v. State of South Dakota, 150 F.2d 1005, require the affirmance of the order appealed from.

¶8The order is affirmed - and the Clerk of this Court is directed to issue a mandate forthwith.

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