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IN RE STINEMAN

No. 9012.

155 F.2d 755 (1946)

In re STINEMAN. Appeal of CHASE NAT. BANK OF CITY OF NEW YORK.

Circuit Court of Appeals, Third Circuit.

Decided May 7, 1946.

Attorney(s) appearing for the Case

Milbank, Tweed & Hope, of New York City, John G. Buchanan and Smith, Buchanan & Ingersoll, all of Pittsburgh, Pa., and Thomas P. Farley, of New York City, on the brief, for appellant.

Harry Doerr, of Johnstown, Pa., for appellee.

Before BIGGS, GOODRICH and O'CONNELL, Circuit Judges.

BIGGS, Circuit Judge.

The appeal at bar presents an anomaly in the administration of the Bankruptcy Act. The facts are as follows. On June 10, 1926 Harvey C. Stineman was adjudicated a bankrupt upon a voluntary petition and the case was referred to a referee. Among the principle assets of the estate was an undivided one-sixth interest in a large acreage of valuable coal lands. Some of these lands were being mined by lessees and were producing substantial royalties...

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