HAND, Circuit Judge (after stating the facts as above).
We regard the referee's first finding as equivalent to saying that the trustee had proved his case by a preponderance of proof, the usual rule in civil cases. It is impossible to know whether the District Court affirmed the referee's order because it reversed the first finding, or because it affirmed the second finding and thought the first irrelevant. If the rule of proof in such proceedings is the same as in...
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