Zenoff v. Ketcham

291 F.2d 255 M. M. ZENOFF, Commercial Credit Corporation and Southwestern Publishing Company, Inc., Appellant, v. Charles J. KETCHAM, doing business as Lake Motors and Studebaker Sales and Service, and Studebaker Packard Sales Agency, Appellee. No. 16469. United States Court of Appeals Ninth Circuit. May 31, 1961. Magleby & Posin, and Albert M. Dreyer, Las Vegas, Nev., for appellants. Hawkins, Cannon & Hawkins, Las Vegas, Nev., and Gordon L. Hawkins, Las Vegas, Nev., for appellee. Before POPE, HAMLIN and MERRILL, Circuit Judges. HAMLIN, Circuit Judge. 1 The order of the district court from which this appeal is taken commences by saying, "This matter is a masterpiece of confusion." We agree. 2 On March 1, 1957, the appellants filed a petition in the United States District Court for the District of Nevada seeking to have Charles J. Ketcham adjudicated an involuntary bankrupt. The matter was referred to a referee who held a hearing on April 13, 1957, and dismissed the petition on June 18, 1957, on the ground that "Charles J. Ketcham, is now and has been for more than six months prior to March 1, 1957, a resident of and domiciled within the State of California." A petition for…