England v. Lines

262 F.2d 303 John M. ENGLAND, Trustee of the Estate of Goodrich Manufacturing Company, a Co-partnership Consisting of Coy C. Goodrich and Lulu Goodrich, Bankrupt, Appellant, v. Kal W. LINES, Appellee. No. 15497. United States Court of Appeals Ninth Circuit. November 5, 1958. James M. Conners, Stanley M. McLeod, Vernon D. Stokes, San Francisco, Cal., for appellant. Louis J. Glicksberg, Lawrence Goldberg, San Francisco, Cal., for appellee. Coy C. Goodrich, in pro. per. Before DENMAN, BONE and ORR, Senior Circuit Judges. DENMAN, Senior Circuit Judge. 1 John M. England (hereafter appellant), the trustee in bankruptcy of the estate of Coy C. Goodrich, appeals from a decision of the District Court for the Northern District of California, vacating the referee's order which appointed England trustee. 2 Facts: The underlying action was initiated by the petition of Coy C. Goodrich on May 24, 1954, for an arrangement with his creditors under Section 722 of Chapter 11 of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq. Before the arrangement was confirmed Goodrich moved for dismissal of his petition, but his creditors resisted his motion and the referee ordered that bankruptcy be proceeded…