
    In re CONSTITUTIONALITY OF FRAZIER-LEMKE ACT. GALLOWAY v. UNION TRUST CO.
    District Court, E. D. Arkansas, W. D.
    Dec. 8, 1934.
    J. A. Comer, of Little Rock, Ark., for bankrupt.
    Rose, Hemingway, Cantrell & Lough-borough (by A. W. Dobyns), of Little Rock, Ark., for Union Trust Co., .objecting creditor.
    Before MARTINEAU and RAGON, District Judges.
   MARTINEAU, District Judge.

Only the constitutionality of the FrazierLemke Act (Bankr. Act § 75 (s), 11 USCA § 203 (s) is involved at this time.

No appellate court has passed upon this question. In a very able and comprehensive opinion, delivered November 14, 1934, by Judge Dawson of the United States District Court for the Western District of Kentucky, in Re William W. Radford, Sr., 8 F.Supp. 489, the constitutionality of the act was upheld. The reasoning of that decision is sound in my opinion and is adopted here.

Decrees upholding the Frazier-Lemke Act may be entered in all cases where its validity is attacked.

RAGON, District Judge, concurs in this holding.  