IN RE BENEFIEL

No. 73-1908.

500 F.2d 1219 (1974)

In the Matter of Robert Lee BENEFIEL, Bankrupt. C. R. SHANNON and Jack Shannon, dba C. J. Shannon and Sons, Petitioners-Appellees, v. Robert Lee BENEFIEL, Bankrupt-Appellant.

United States Court of Appeals, Ninth Circuit.

July 22, 1974.


Attorney(s) appearing for the Case

Lloyd J. Webb, Webb, Pike, Burton & Carlson, Twin Falls, Idaho, for bankrupt-appellant.

Paul M. Beeks, Kramer, Plankey, Smith & Beeks, Twin Falls, Idaho, for petitioners-appellees.

Before MERRILL, KILKENNY and CHOY, Circuit Judges.


OPINION

PER CURIAM:

The sole issue in this appeal is whether a petition for review of a referee's decision was properly dismissed by the district court as out of time under the relevant statute, or whether, contrary to its holding, the district court under the statute possessed and ought to have exercised discretion as to whether to consider the petition despite its tardiness.

Appellee, a creditor, filed a petition to determine dischargeability of...

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