Dunkly

The appellants are engaged in the raising of rainbow and brook trout. They own a leasehold interest in certain real property whereon they maintain artificial ponds supplied with water from springs upon the premises. In these ponds appellants place fertilized trout eggs (which they purchase already fertilized from another hatchery), hatch the eggs, and raise the trout to a marketable size. The trout are then killed, dressed, placed in refrigerating units, distributed to the trade and sold for human consumption as food.

The leasehold interest was mortgaged to the appellees and when the obligations under the mortgage were not met, appellees began foreclosure proceedings in the state court. Appellants then sought relief by instituting, in the district court, farmer debtor proceedings under Section 75 of the Bankruptcy Act, 11 U.S.C.A. § 203 . Appellants’ petition was dismissed by the district court because appellants were not “farmers” and therefore not within the Act. They appeal from this decision which presents the only issue in the case.

Are appellants “farmers”, within the meaning of Section 75 of the Bankruptcy Act? The pertinent part of the applicable statute is as follows :…