In re Big Blue Min. Co.
Opinion
Lead Opinion
Sure, J.
Traylor Engineering & Manufacturing Company, a corporation, petitions to vacate an order of this court made April 29, 1936, approving, adopting, and confirming an order of the referee made on January 13, 1936, and that a rehearing be had.
*51 Objection is made by the bankruptcy trustee on the grounds that there is no authority for the granting of a rehearing on a petition for review of the referee’s order provided for by the bankruptcy rules of this court; that the contentions urged by the petitioner for a rehearing were exhaustively argued when the referee’s order was before this court the first time; and that there are no errors of law in the record or decision.
Petitioner relies upon General Rule 44 of this court, which reads as follows: “Motions for a new trial and petitions for rehearing shall in all cases be made to the Court either before the entry of judgment or decree, or within ten days after receiving written notice thereof, or within ten days after verdict, if the trial was by jury. The party making such motion or petition shall file with the Clerk and serve upon the adverse party a notice of his motion for a new trial or petition for a rehearing, to which the…