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BARTOLOTTA v. LUTZ

No. 73-2282. Summary Calendar.

485 F.2d 227 (1973)

In the Matter of Salvadore Henry Bartolotta, a/k/a Sal Bartolotta, Bankrupt. Salvadore Henry BARTOLOTTA, a/k/a Sal Bartolotta, Bankrupt, Appellant, v. Jerry LUTZ, d/b/a Lutz Greenhouses, Appellee.

United States Court of Appeals, Fifth Circuit.

October 1, 1973.

Attorney(s) appearing for the Case

Thomas E. Schafer, III, William J. Scheffler, III, New Orleans, La., for appellant.

Foster J. Johnson, Jr., New Orleans, La., for appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

PER CURIAM:

In this bankruptcy case, the referee denied a discharge under § 14(c)(2) of the Bankruptcy Act, 11 U. S.C. § 32(c)(2) (1970), for failure of the bankrupt, Salvadore M. Bartolotta, "to keep or preserve books or accounts or records, from which his financial condition and business transactions might be ascertained". On appeal, the bankrupt contends that the referee erred in failing to inquire into whether the bankrupt's Christmas tree business was...

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