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In re Hillmert

May 3, 1934

IN RE HILLMERT; BUSCH ET AL.
v.
MCKEY ET AL.



Appeals from the District Court of the United States for the Northern District of Illinois, Eastern Division; John P. Barnes, Judge.

Author: Sparks

Before ALSCHULER, SPARKS, and FITZHENRY, Circuit Judges.

SPARKS, Circuit Judge.

The facts in this case in all material respects are similar to those in causes No. 5034 and 5046, Felsenthal v. Parmenter (In re Landquist) (C.C.A.) 70 F.2d 929. The District Court ordered the state court receiver to turn over to the trustee in bankruptcy the property covered by the mortgage, and to render an accounting for the rents and profits. Under the authority of the Parmenter case, the decree in this cause is reversed and the cause remanded with instructions to set aside the turn over order and to relinquish jurisdiction of the security to the state court, and for further proceedings not inconsistent with this opinion.

19340503

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