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IN RE HIGBEE CO.

No. 36119.

50 F.Supp. 114 (1943)

In re HIGBEE CO.

District Court, N. D. Ohio, E. D.

February 16, 1943.

Attorney(s) appearing for the Case

Jones, Day, Cockley & Reavis, of Cleveland, Ohio (Gardner Abbott and Frank E. Joseph, both of Cleveland, Ohio, of counsel), for debtor.

McKeehan, Merrick, Arter & Stewart, of Cleveland, Ohio (C. K. Arter, L. C. Wykoff, and K. A. Taft, all of Cleveland, Ohio, of counsel), for Bradley and Murphy.

Bulkley & Butler and Robert W. Purcell, of Cleveland, Ohio (Robert J. Bulkley and James A. Butler, both of Cleveland, Ohio, of counsel), for Young and Kirby and another.

Samuel Spring, of New York City, for Frank F. Kolbe.

Richard B. Ainsworth, of Cleveland, Ohio, for Securities & Exchange Commission.

JONES, District Judge.

While it is a rule well established that the findings of the Master on disputed facts shall be accepted, unless clearly erroneous (General Order in Bankruptcy 47, 11 U.S.C.A. following section 53; Rules of Civil Procedure, 28 U.S.C.A. following section 723c, rule 53(e) (2); and, although the exceptions do not fully respond to the usual practice of specifically and definitely challenging the Master's findings; yet the fact that this hearing and...

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