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IN RE LOWERREE

No. 43, Docket 20302.

157 F.2d 831 (1946)

In re LOWERREE et al. In re SKI SPORT, Inc.

Circuit Court of Appeals, Second Circuit.

Decided November 6, 1946.

Attorney(s) appearing for the Case

George J. Hatt, 2d, of Albany, N. Y., for appellant.

Harry A. Allan, of Albany, N. Y., for appellee Elton Lowerree.

Samuel Jacobs, of Albany, N. Y., for appellee Philip R. Marshall.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The question for decision is whether the District Court has the power to set aside the referee's order, denying a discharge on the merits, after the expiration of the time for taking an appeal from that order to the District Court. It is urged that this power may be found in § 2, sub. a (8) of the Chandler Act, 11 U.S.C.A. § 11, sub. a (8), which provides that the bankruptcy court may "reopen...

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