Miller v. Sulmeyer

299 F.2d 102 Elias MILLER, Paul Miller, Anna Miller, and Helen Miller; and Elias Miller and Paul Miller, as Executors of the Estate of George Miller, Deceased, Appellants, v. Irving SULMEYER, Trustee in Bankruptcy of the Estate of Delcon Corporation, a Nevada corporation, d/b/a Miller Engineering Co., Bankrupt, Appellee. No. 17485. United States Court of Appeals Ninth Circuit. January 26, 1962. Sylvan Y. Allen and Utley & Houck by Ernest R. Utley, Los Angeles, Cal., for appellant. Quittner Stutman & Treister by George M. Treister, Los Angeles, Cal., for appellee. Before BARNES, HAMLIN and JERTBERG, Circuit Judges. BARNES, Circuit Judge. 1 This is an appeal from a judgment of the United States District Court confirming an order of the referee in bankruptcy which refused to subordinate the claims of certain creditors of the bankrupt's estate, in the same class as appellants, to the claims which appellants hold against the bankrupt Delcon Corporation. The district court had jurisdiction to review the referee's order under the provisions of 11 U.S.C.A. §§ 46 and 67, sub. c. This court has jurisdiction to reveiw the district court's judgment under the provisions of…