Meikle

This appeal involves the allowance of the claim of the Export Lumber Company, in the sum of $73,843.39. Upon the trustee’s objection, the referee held the claim not to be allowable under section 57g of the Bankruptcy Act (11 USCA § 93 (g). Upon review, the District Court reversed the order of the referee.

The written stipulation of facts filed with the referee accompanied his certificate on review. The stipulation recites, among other things, that on September 30, 1926, the bankrupt was indebted to appellee in the approximate amount of $100,000; that on September 20, 1928, the bankrupt sold to Hines Lumber Company substantially all of the assets of the bankrupt for the sum of $750,000, subject to a secured indebtedness of $250,000; that the bankrupt delivered to the purchaser a purported list of the creditors of the bankrupt appearing on its books, except those included in the Ered Herrick account; that subsequent thereto the bankrupt executed and delivered to the said Hines Lumber Company an authorization to distribute the proceeds of said sale to the bankrupt’s creditors; “that pursuant to said authorization, the Hines Lumber Company did distribute the purchase price of said…