Eliot Berkwit v. Murray Ferguson, Trustee of the Estate of Equitable Plan Company, Debtor

Ninth Circuit

Eliot Berkwit v. Murray Ferguson, Trustee of the Estate of Equitable Plan Company, Debtor

283 F.2d 532, 1960 U.S. App. LEXIS 3602

CourtCourt of Appeals for the Ninth Circuit

DecidedOctober 12, 1960

Docket16778_1

StatusPublished

This text of 283 F.2d 532 (Eliot Berkwit v. Murray Ferguson, Trustee of the Estate of Equitable Plan Company, Debtor) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Eliot Berkwit v. Murray Ferguson, Trustee of the Estate of Equitable Plan Company, Debtor, 283 F.2d 532, 1960 U.S. App. LEXIS 3602 (9th Cir. 1960).

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Opinion

PER CURIAM.

This appeal is from a district court order affirming on review the referee’s denial of appellant’s creditor claim against a bankrupt corporation. The claim is based on an alleged employment contract purportedly approved by the board of directors of the corporation at meetings on June 6, 1957 and July 1, 1957. Both the referee and the district court found and held that no meeting of the corporation directors was held on the dates specified and that the alleged contract was not authorized, approved or ratified.

Appellant contends that the findings of fact referred to are not supported by the evidence and that efforts of the California Corporation Commissioner to terminate appellant’s employment were void because based on unconstitutional state statutes.

When reviewed and considered as a whole, the record discloses substantial evidence from which.inferences can reasonably be drawn that fully support the facts found as above stated- Such holding obviates consideration of appellant’s other contentions.

The judgment of the district court is affirmed.

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PER CURIAM.

This appeal is from a district court order affirming on review the referee’s denial of appellant’s creditor claim against a bankrupt corporation. The claim is based on an alleged employment contract purportedly approved by the board of directors of the corporation at meetings on June 6, 1957 and July 1, 1957. Both the referee and the district court found and held that no meeting of the corporation directors was held on the dates specified and that the alleged contract was not authorized, approved or ratified.

Appellant contends that the findings of fact referred to are not supported by the evidence and that efforts of the California Corporation Commissioner to terminate appellant’s employment were void because based on unconstitutional state statutes.

When reviewed and considered as a whole, the record discloses substantial evidence from which.inferences can reasonably be drawn that fully support the facts found as above stated- Such holding obviates consideration of appellant’s other contentions.

The judgment of the district court is affirmed.

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Bluebook (online)

283 F.2d 532, 1960 U.S. App. LEXIS 3602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eliot-berkwit-v-murray-ferguson-trustee-of-the-estate-of-equitable-plan-ca9-1960.