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CITRON INVESTMENT CORPORATION v. EMRICH

No. 73-2067.

493 F.2d 561 (1974)

In the Matter of CITRON INVESTMENT CORPORATION and Josef A. Citron, Bankrupts-Appellants, v. Marie Wells EMRICH, Applicant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 14, 1974.

Attorney(s) appearing for the Case

Charles L. Birke (argued), Berris, Seton & Birke, Beverly Hills, Cal., for bankrupts-appellants.

Dulaney W. Palmer (argued), Los Angeles, Cal., for applicant-appellee.

Before KOELSCH, CARTER and WALLACE, Circuit Judges.

KOELSCH, Circuit Judge:

We allowed an interlocutory appeal pursuant to 28 U.S.C. § 1292(b) to review an order of the district court affirming a referee's denial of bankrupts' motion to dismiss appellee's application to determine the dischargeability of a debt under Section 17 of the Bankruptcy Act, 11 U.S.C. § 35.

The facts are undisputed. Appellee's predecessor in interest, her deceased husband, discovered facts in July, 1967, which gave rise to...

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