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UNITED STATES v. SMELSER

No. 8203.

87 F.2d 799 (1937)

UNITED STATES v. SMELSER.

Circuit Court of Appeals, Fifth Circuit.

January 16, 1937.

Attorney(s) appearing for the Case

Steve M. King, U. S. Atty., and Charles S. Pipkin, Asst. U. S. Atty., both of Beaumont, Tex.

J. Q. Mahaffey, of Texarkana, Tex., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

This is a suit by the United States against a former referee in bankruptcy to recover multiple excessive fees paid to him from the funds of about forty estates. The total overpayments from January 1, 1927 to January 1, 1931, amount to $2,644.48. The suit is not upon the bond of the referee, although it is alleged that the fees were collected, while he was in office, from estates being administered by him, and that a bond was duly given. It further...

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