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IN RE NORTON'S CAPE COD HOUSE, INC.

No. 24651.

437 F.2d 89 (1971)

In the Matter of NORTON'S CAPE COD HOUSE, INC., Bankrupt. EXCELSIOR CREAMERY COMPANY, Ltd., Appellant, v. Gerald MacDONALD, Receiver, Appellee.

United States Court of Appeals, Ninth Circuit.

January 15, 1971.

Attorney(s) appearing for the Case

Schlegel, Friedemann, Inadomi & Menke, Santa Ana, Cal., for appellant.

Craig, Weller & Laugharn, Los Angeles, Cal., for appellee.

Before CHAMBERS, TUTTLE and ELY, Circuit Judges.

PER CURIAM:

Excelsior Creamery, a longtime supplier of Norton's Cape Cod House, Inc., continued while the latter was under Chapter XI bankruptcy proceedings to furnish its products to the receiver for the debtor.

The receiver lost money while the business was in his charge. Excelsior applied before the referee for an order requiring the receiver to personally pay the losses of his operation. The referee ruled against Excelsior. On review, the district court...

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