Farm Products Co. v. United States

A motion to dismiss bankruptcy proceedings was granted by the Conciliation Commissioner, and the District Court upon review affirmed. Farm Products Company appeals.

In the narrative statement of testimony before the Conciliation Commissioner, which is a part of the record before the District Court upon review, it appears that counsel for the moving party stated that affidavtis would be principally relied upon. The Commissioner’s findings of fact and conclusions of law and order based thereon state that the motion was made and based respectively upon affidavits and other evidence. Oral testimony was taken and certified to the District Court, but no affidavits were certified.

It is also noticeable that the proceedings mention a contract by and between the Farm Security Administrator, a government agency which loaned money to Farm Products Company, and the latter company or its incorporators. It does not appear that the District Court had the benefit of this agreement before it, and it is not in the record brought here.

This contract and the affidavits referred to would seem to be material evidence upon the issues presented to the District Court upon review and, as well, upon the…