International Company v. Fowler

413 F.2d 265 The INTERNATIONAL COMPANY, a partnership composed of David Salyer, Charles L. Golding and Henry Dye, and Title Insurance and Trust Company, San Bernardino County, California, Appellants, v. William G. FOWLER, as Bankruptcy Trustee of Guaranty Trust Deed Corporation, Appellee. No. 21593. United States Court of Appeals Ninth Circuit. January 6, 1969. Rehearing Denied August 28, 1969. Burke Mathes (argued) Los Angeles, Cal., for appellants. Welburn Mayock (argued) Los Angeles, Cal., for appellee. Before CHAMBERS and BROWNING, Circuit Judges, and McNICHOLS * , District Judge. CHAMBERS, Circuit Judge: 1 We deal here with who gets a small five thousand dollar deposit on a million dollar land transaction which was never completed, but died in escrow with the Title Insurance and Trust Company, San Bernardino. 2 Fowler is Guaranty's Chapter X bankruptcy trustee operating under authority of a district court not within the Ninth Circuit. Here the issue started in ancillary proceedings brought by the trustee before a Los Angeles referee in bankruptcy acting as a special master of the Central District of California. The referee recommended a turnover order in favor of Trustee…