Humphrey

Humphrey v. Hart

Good Law
157 F.2d 844·1946 U.S. App. LEXIS 3093
United States Court of Appeals for the Ninth CircuitNovember 4, 1946No. 11083California1,355 words

Opinion

Lead Opinion

Mathews, J.

On June 29, 1939, International Mining <& Milling Company, a corporation, and Mount Gaines Mining Company, a corporation, filed petitions under chapter 10, (§§ 101-276) of the Bankruptcy Act, 11 U.S.C. A. §§ 501-676. Thereupon, on June 29, 1939, orders were entered approving the petitions, fixing a time of hearing, and directing that notice be given to creditors. Notice was given as directed, a hearing was had, and on August 11, 1939, orders were entered appointing appellee, James P. Hart, trustee of both corporations, hereafter called the debtors.

On November 16, 1939, C. F. Humphrey, an attorney at law, filed and presented to appellee proof of a claim for $10,000 for services rendered by Humphrey to the debtors. 1 On March 22, 1940, appellee filed objections 2 to the allowance of the claim. On May 27, 1940, an order was entered referring the claim to a special master, Arthur F. Lasher, who was also a referee in bankruptcy, with directions to conduct hearings, take evidence and file a report “containing his findings and recommendations.” Between May. 27, 1940, and May 26, 1944, the master conducted many hearings and took much evidence.

On May 26, 1944, the master filed a report…

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