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NATIONAL ACCEPTANCE COMPANY v. ZUSMANN

No. 24030.

379 F.2d 351 (1967)

NATIONAL ACCEPTANCE COMPANY, Appellant, v. Samuel J. ZUSMANN, Sr., Trustee in Bankruptcy for Walter R. Thomas, Athens, Inc., et al., Bankrupt, Appellees.

United States Court of Appeals Fifth Circuit.

June 23, 1967.

Attorney(s) appearing for the Case

G. W. Thackston, Jr., Nolan B. Harmon, Harmon & Thackston, Atlanta, Ga., for appellant.

Samuel J. Zusmann, Jr., Morris W. Macey, W. Stell Huie, Lipshutz, Macey, Zusmann & Sikes, Atlanta, Ga., for appellees.

Before COLEMAN and AINSWORTH, Circuit Judges, and CARSWELL, District Judge.

COLEMAN, Circuit Judge:

On review, the District Court affirmed the holding of the Referee in Bankruptcy that the Referee in his sound discretion, and not the law of Georgia, should determine the amount of attorney's fees due a secured creditor of a bankrupt estate. We reverse.

The National Acceptance Company, hereinafter referred to as N. A. C., is a Georgia corporation. The bankrupts, hereinafter referred to as Thomas...

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