Arthur Engelbrecht v. Myrtle Bowen, Trustee in Bankruptcy, Etc., and in the Matter of Tri-State Drilling Co., Etc.

Good Law
300 F.2d 891·1962 U.S. App. LEXIS 5690
United States Court of Appeals for the Ninth CircuitMarch 14, 196217407California1,435 words

Opinion

Opinion

Barnes, J.

This is an appeal from a judgment of the United States District Court confirming an order of the referee in bankruptcy which denied appellant’s petition to reclaim property from the trustee in. bankruptcy. The district court had jurisdiction to review the referee’s order under the provisions of 11 U.S.C.A. §§ 46 ,. sub. a and 67, sub. c. This court has jurisdiction to review the district court’s-judgment under the provisions of 11 U.S.. C.A. § 47, sub. a.

In order to understand fully this ease,. Engelbrecht v. McCullough, 80 Ariz. 77 , 292 P.2d 845 , and Engelbrecht v. Wild- man, 9 Cir., 268 F.2d 133 , must be read and considered. They show that appellant appeared in the Supreme Court of the State of Arizona in 1956 and in this court in 1959 on the same set of facts here presented.

Appellant has filed a thirteen page “Statement of Points” containing twenty-eight “Points” which he submits for the consideration of this court; appellant “condenses” these twenty-eight points to twelve arguments in his opening brief.

There is, however, but one fundamental alleged error. That is that the district court erred, for one reason or another, in confirming the order of the referee which…

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