THOMPSON v. DACHNER

No. 13765.

214 F.2d 922 (1954)

THOMPSON v. DACHNER.

United States Court of Appeals Ninth Circuit.

August 13, 1954.


Attorney(s) appearing for the Case

Alex L. Arguello, Marvin G. Giometti, San Francisco, Cal., for appellant.

Casper Weinberger, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and BONE and ORR, Circuit Judges.


ORR, Circuit Judge.

This case presents the question of whether the referee had jurisdiction to determine in a summary proceeding creditor Dachner's right to retain certain funds in his possession. The referee held that he did not. The United States District Court affirmed. A solution hinges upon a determination of whether the referee had constructive possession of the property involved at the time the summary proceeding was attempted to be invoked, it being conceded...

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