John K. Mardick v. Elizabeth Stover, Trustee, Etc.

This appeal is taken from an order of the District Court for the District of Arizona affirming a decision of the Referee in Bankruptcy and from an order of the District Court denying appellants’ motion to amend judgment.

Appellee is the trustee in bankruptcy of Alpha Securities Co., an Arizona corporation formerly doing business as a stockbroker in Phoenix and Tucson, Arizona. Appellants, asserting rights as cash customers under § 60e of the Bankruptcy Act, 11 U.S.C. § 96 (e), seek to reclaim as their property shares of stock which were in the bankrupt’s possession at the time of bankruptcy. The Referee and the District Court both held that appellants were not entitled to relief under § 60e and this appeal was taken.

MOTION TO DISMISS

Appellee claims that the appeal was not timely. The District Court order from which the appeal was taken was entered March 24, 1966. Appellants moved to amend judgment on April 1, 1966, within the ten days allowed by Fed.R.Civ.P. 59, made applicable to bankruptcy proceedings by General Order 36, 11 U.S.C.A. following § 53. The motion was denied by the District Court on April 19, 1966, the court stating that the motion had been “duly considered.”…