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CROSBY v. MILLS

No. 149-68.

413 F.2d 1273 (1969)

Charles D. CROSBY, Plaintiff-Appellant, v. Walter Bevan MILLS; Bonnie Roberts Mills; George W. Sperlak; The West Aspen Company, a Colorado corporation; Kingcrest Corporation, a Colorado corporation; Bennett King; Paul B. Rodden; and Rodden, Cooper, Woods and Mitchell, a partnership, Defendants-Appellees.

United States Court of Appeals Tenth Circuit.

August 6, 1969.

Attorney(s) appearing for the Case

Lynch, MacIntosh & Lynch, and Daniel F. Lynch, Denver, Colo., submitted on brief for plaintiff-appellant.

Rodden, Cooper, Woods & Mitchell, Denver, Colo., submitted on brief for defendants-appellees.

Before LEWIS, BREITENSTEIN and HOLLOWAY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Plaintiff-appellant Crosby brought an independent action against defendants-appellees Mills and others to have certain orders of the referee, in bankruptcy proceedings brought under Chapter XII of the Bankruptcy Act, 11 U.S.C. §§ 801-926, by Mills, declared void. There is no diversity of citizenship. The trial court held that the action was an impermissible collateral attack against the orders of the referee and that it had no...

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