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HARDESTY v. KEIGHTLEY

No. 10411.

361 F.2d 751 (1966)

David B. HARDESTY, Appellant, v. Ralph D. KEIGHTLEY, Jr., Trustee in Bankruptcy, Appellee. In the Matter of David Edmond Hardesty, Individually, and d/b/a Hardesty's Department Store, Bankrupt.

United States Court of Appeals Fourth Circuit.

Decided May 25, 1966.

Attorney(s) appearing for the Case

Philip T. Lilly, Jr., Bluefield, W. Va., on motion of appellee to affirm or dismiss.

John F. Somerville, Jr., Keyser, W. Va., on brief and memorandum in opposition to motion.

Before HAYNSWORTH, Chief Judge, BELL, Circuit Judge, and HUTCHESON, District Judge.

STERLING HUTCHESON, District Judge:

The issue presented is a narrow one involving the construction of Section 67(c) of the Bankruptcy Act (11 U.S.C. § 67 (c)) as amended in 1960 by which amendment a limit of ten days was placed upon the time within which a person aggrieved by an order of a referee may petition for review by a judge. The pertinent facts follow.

On September 28, 1965, an order was entered by the referee in bankruptcy for the Southern District...

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