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DONOVAN & SCHUENKE v. SAMPSELL

No. 13396.

226 F.2d 804 (1955)

DONOVAN & SCHUENKE, Horace F. French, Ralph A. McClure and A. E. French, Appellants, v. Paul W. SAMPSELL, Trustee of the Estate of Ridgecrest Development Co., bankrupt, L. E. Seversen, L. M. Vreeland, D. J. Miller and Paul Freedman, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 21, 1955.

Attorney(s) appearing for the Case

Ernest R. Utley, John Van Aalst, Los Angeles, Cal., for appellants.

Craig, Weller & Laugharn, Frank C. Weller, Hubert F. Laugharn, Thomas S. Tobin, Los Angeles, Cal., D. J. Miller, Burlingame, Cal., Johnston, Baker & Palmer, Bakersfield, Cal., Charles E. Taintor, Los Angeles, Cal., L. M. Vreeland, Pasadena, Cal., L. E. Seversen, San Bernardino, Cal., for appellees.

Before STEPHENS and FEE, Circuit Judges, and McCORMICK, District Judge.

JAMES ALGER FEE, Circuit Judge.

This is an appeal from an order of the District Court affirming an order of a Referee in Bankruptcy refusing to set aside a sale to D. J. Miller of property of the bankrupt estate of The Ridgecrest Development Company, a corporation, of which he was President. Appellants contend Miller acted in a trust capacity for the officers of the bankruptcy court, and therefore the sale to him was void.

The Ridgecrest Development Company...

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