IN RE PENFIELD DISTILLING CO.

No. 9104.

131 F.2d 694 (1942)

In re PENFIELD DISTILLING CO. LYONS v. SACHS.

Circuit Court of Appeals, Sixth Circuit.

December 4, 1942.


Attorney(s) appearing for the Case

Leslie W. Morris, of Frankfort, Ky. (Marion Rider, of Frankfort, Ky., on the brief), for appellant.

D. A. Sachs, Jr., of Louisville, Ky., for appellee.

Before HICKS, SIMONS, and MARTIN, Circuit Judges.


MARTIN, Circuit Judge.

This is an appeal from an order of the District Court sustaining the disallowance by the referee of a claim in bankruptcy. A single determinative issue of fact is presented: Is appellant Lyons, as he claims, a creditor; or is he, as was found by the referee and the district judge, a stockholder of the bankrupt corporation, the Penfield Distilling Company?

Appellant pulls a heavy laboring oar. Findings of fact by a referee...

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