Durst v. Kalpakoff

Good Law
226 F.2d 911
United States Court of Appeals for the Ninth CircuitDecember 12, 195514655California322 words

Opinion

Opinion

226 F.2d 911 Walter C. DURST, assignee for the benefit of creditors of Jack P. Kalpakoff and Mary Kalpakoff, Debtors, Appellant, v. Jack P. KALPAKOFF and Mary Kalpakoff, and William Chernabaeff, Trustee in Bankruptcy of the Estate of Jack P. Kalpakoff and Mary Kalpakoff, Appellees. No. 14655. United States Court of Appeals Ninth Circuit. Nov. 2, 1955. Writ of Certiorari Denied Dec. 12, 1955. See 76 S.Ct. 212 . Morris Lavine, Walter C. Durst, Los Angeles, Cal., for appellant. Siemon & Siemon, Bakersfield, Cal., for appellees. Before STEPHENS, FEE and CHAMBERS, Circuit Judges. PER CURIAM. 1 Walter C. Durst, in the capacity of a private trustee, as assignee for the benefit of creditors, moves this court for an order 'to reverse all orders on appeal herein and to remand the cause to the United States District Court and to the Referee in Bankruptcy with instructions to dismiss proceedings involved in said appeals and vacate and set aside all orders dealing with the property described in the orders reversed and to dismiss all proceedings respecting same.' 2 It appears that the estate as to which the movant became assignee for the benefit of creditors went into bankruptcy and the…

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