Stout

This is an appeal from an order of the United States District Court, sitting in bankruptcy, affirming, as modified by the Judge of the Court, an order of the Referee in Bankruptcy, continuing in effect a temporary restraining order, restraining appellants from seizing a still belonging to the bankrupt estate, under provisions of the California Alcoholic Beverage Control Act [Deering’s General Laws Act 3796],

The facts are not in dispute, and may be simply stated. George Hugo Malter was declared a bankrupt on November 18th, 1939, at which time Bert M. Green, appel- *996 lee herein, was appointed' trastee for the said bankrupt estate.

An article of the bankrupt estate was a dismantled still, which had been owned and possessed by the bankrupt, pursuant to a license issued by the State of California under the provisions of the California Alcoholic Beverage Control Act. The annual renewal license fee of $10.00 to the State, which became due on June 30, 1939, had not been paid when the trustee in "bankruptcy took possession and he never used the still nor operated the business of die bankrupt but acted onlylo preserve and liquidate the estate assets. The trustee refused to pay the…