Monroe v. Cussen

454 F.2d 1151 In the Matter of M. Lee MONROE, individually and doing business as North Area Refuse Company, a sole proprietorship, Bankrupt, Appellant, v. James E. CUSSEN, Trustee, Appellee. No. 71-1639. United States Court of Appeals, Ninth Circuit. Feb. 3, 1972. Rehearing Denied Feb. 25, 1972. Simeon S. Reibin, Rancho Cordova, Cal., for appellant. Thomas W. Olson, Jr., Sacramento, Cal., for appellee. Before KOELSCH, ELY and TRASK, Circuit Judges. PER CURIAM: 1 Appellant appeals from an order of the district court, entered on January 28, 1971, denying bankrupt's Petition for Review and affirming the referee's order denying a discharge in bankruptcy. Appellant contends that the district court erred in adopting the Referee's Finding of Fact 16, in which the referee concluded that ". . . the failure of the bankrupt to appear at the first meeting of creditors and continuances thereof, was without sufficient excuse." 2 The finding of the referee should be set aside only if it is clearly erroneous. Olympic Finance Co. v. Thyret, 337 F.2d 62 (9th Cir. 1964); Security-First Nat. Bank of Los Angeles v. Quittner, 176 F.2d 997 (9th Cir. 1949); Rule 52(a) Fed.R.Civ.P.; General Orders in…