ENGLAND v. AMERICAN TRUST COMPANY

No. 16200.

267 F.2d 20 (1959)

John O. ENGLAND, Trustee of the Estate of J. J. Kimble, Bankrupt, Appellant, v. AMERICAN TRUST COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

May 6, 1959.


Attorney(s) appearing for the Case

Stanley M. McLeod, San Francisco, Cal., for appellant.

Brobeck, Phleger & Harrison, Howard J. Finn, David W. Lennihan, San Francisco, Cal., for appellee.

Before POPE, HAMLIN and JERTBERG, Circuit Judges.


JERTBERG, Circuit Judge.

The sole question presented on this appeal is: Is a creditor of a bankrupt estate entitled to reimbursement of his costs and expenses incurred in obtaining the refusal of the bankrupt's discharge where the creditor did not first request the trustee of the bankrupt estate to oppose the bankrupt's discharge and did not request or obtain authority from the referee to do so.

The facts are not in dispute. The bankrupt had given a financial...

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