In the Matter of Philip G. Schlageter, Debtor, Philip G. Schlageter

SMITH, Circuit Judge.

The appellant, a wage earner within the meaning of the statute hereinafter cited, filed a petition for relief under Chapter XIII of the Bankruptcy Act, as amended, 11 U.S.C. §§ 1001-1086, and particularly Section 622 thereof, 11 U.S. C. § 1022. His statement of affairs disclosed that he had been granted a discharge in bankruptcy within six years next, preceding the filing of the said petition. The Referee in Bankruptcy dismissed the petition on the ground that relief was barred by section 656, sub. a of the Act, 11 U.S.C. § 1056, sub. a. The appellant moved to vacate the…