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EMPLOYERS MUTUAL CASUALTY COMPANY v. HINSHAW

No. 17072.

309 F.2d 806 (1962)

EMPLOYERS MUTUAL CASUALTY COMPANY, Appellant, v. George W. HINSHAW, Trustee in Bankruptcy for Collins and Kiser Construction Company, and the United States of America, Appellees.

United States Court of Appeals Eighth Circuit.

November 16, 1962.

Attorney(s) appearing for the Case

Mark W. Putney, Des Moines, Iowa, D. J. Fairgrave, Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, Iowa, on the brief, for appellant.

Fred E. Youngman, Attorney, Dept. of Justice, Washington, D. C., Louis F. Oberdorfer, Asst. Atty. Gen., Washington, D. C., and Meyer Rothwacks, Attorney, Washington, D. C., and Donald A. Wine, U. S. Atty., Des Moines, Iowa, on the brief, for the United States.

Charles King, Marshalltown, Iowa, George W. Hinshaw, trustee-appellee and Charles King, Marshalltown, Iowa, on the brief, for appellee George W. Hinshaw, Trustee in Bankruptcy for Collins and Kiser Const. Co.

Before JOHNSEN, Chief Judge, and MATTHES and RIDGE, Circuit Judges.

RIDGE, Circuit Judge.

In this bankruptcy proceeding the District Court, on petition to review, filed pursuant to Section 39, sub. c of the Bankruptcy Act (11 U.S.C.A. § 67, sub. c), rejected as "clearly erroneous" the Referee's conclusory finding "that there was no reasonable cause" for appellant, a surety on a completion bond, "to believe bankrupt was insolvent at the time" it received from the bankrupt two chattel mortgages covering specified automobiles and...

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