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United States Circuit Court of Appeals


The Pacific State Bank, a corpora-

tion, J

Appellant J

^^- No.

    1. CoATES, as trustee in Bankruptcy

of Raymond Box Company, a corpor-

ation, bankrujit,



Tiie questions before this court arose out of the

application of the Pacific State Bank, appellant, ad-

dressed to the bankruptcy court below, for leave to

foreclose its mortgage. As appears by an inspection

of the petition, the application of The Pacific State

Bank was in the alternate, first asking leave to fore-

close in the State court, but if the court should be

of the opinion that such foreclosure should be in

the bankruptcy court, then asking that the amount

of the indebtedness be ascertained, its mortgage ad-

judged a valid mortgage lien, and the property sold

for the satisfaction thereof. (See Record, pages 2

to 17).

The referee in bankruptcy granted leave to

foreclose the mortgage in the State court mthout

considering any question of validity. The matter

was taken to the District Court for review and Judge

archive.org Volume Name: govuscourtsca9briefs0775

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