Lynch v. Centralia Oil Co.

The Referee in Bankruptcy denied the amended petition of Fay L. Wright as representative of the Centralia Oil Company for reclamation of personal property from ’the Receiver in Bankruptcy of the Eastern Oil Company, bankrupt. In the course of the proceedings the Receiver in Bankruptcy appears to have been succeeded by the Trustee in Bankruptcy, and this petition was considered as pending against such Trustee.

Upon a review the District Court, after a short statement, reversed this order in the following language: “The Referee’s order will, therefore, be reversed with direction to him to grant the petition for reclamation after determining the rental value for the period of detention.” This appeal is by the Trustee in Bankruptcy of the Eastern Oil Company from such order of the District Court.

It is conceded by all parties together with the District Court that “the findings of the Referee upon controverted facts will not be disturbed [Weisstein Bros. & Survol v. Laugharn, 9 Cir., 1936, 84 F.2d 419 ].” (quotation from the court’s comment in making his order).

A Captain Libby was organizing a corporation which, when completed, was named “Eastern Oil Company.” William Spriggs…