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LINDSEY-ROBINSON & COMPANY v. GRADY

No. 8044.

282 F.2d 607 (1960)

LINDSEY-ROBINSON & COMPANY, Incorporated, Appellant, v. Robert C. GRADY, Trustee in Bankruptcy of Egbert Cecil Witherow, Sr., Egbert Cecil Witherow, Jr., each individually and as co-partners, t/a Zeus Hatchery, Bankrupts, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 19, 1960.

Attorney(s) appearing for the Case

Thomas C. Phillips, Jr., and E. Griffith Dodson, Jr., Roanoke, Va. (Dodson, Pence & Coulter, Roanoke, Va., and J. L. Fray of Fray & Hudson, Culpeper, Va., on brief), for appellant.

A. Stuart Robertson, Jr., and Robert C. Grady, Orange, Va. (Shackelford & Robertson, Orange, Va., on brief), for appellee.

Before SOPER, HAMLEY and BOREMAN, Circuit Judges.

HAMLEY, Circuit Judge.

In the above-entitled bankruptcy proceeding the referee determined that the trustee is the owner of certain flocks of chickens. Lindsey-Robinson Company, Inc., asserting an interest in the flocks, petitioned the district court to review the order. The district court affirmed the order of the referee, and Lindsey-Robinson has appealed. Two questions are presented here: Whether the referee had summary jurisdiction to make this determination, and...

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