In re Superb Diner, Inc.

Third Circuit

In re Superb Diner, Inc.

175 F.2d 444, 1949 U.S. App. LEXIS 3403

CourtCourt of Appeals for the Third Circuit

DecidedJune 6, 1949

DocketNo. 9839

StatusPublished

This text of 175 F.2d 444 (In re Superb Diner, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Superb Diner, Inc., 175 F.2d 444, 1949 U.S. App. LEXIS 3403 (3d Cir. 1949).

Pincite

Opinion

PER CURIAM.

The assorted allegations made by appellant are reiterations of similar assertions-which he presented before the referee and the district judge. Extensive hearings-held to determine the validity of the charges made by appellant disclosed, to the satisfaction of the referee and the district judge, that appellant was actually engaged on what was characterized as a “fishing expedition.” We note in passing that appellant, with personal knowledge of the bankruptcy proceedings, apparently elected to withhold his claim and participation in those proceedings, with the expectation that through private negotiation he could obtain full payment of his claim, once the bankruptcy proceedings had terminated. Careful review of the record and authorities cited by appellant leads us to the conclusion that the district court acted properly in issuing the orders from which the instant appeal has been taken. The orders will accordingly be affirmed.

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PER CURIAM.

The assorted allegations made by appellant are reiterations of similar assertions-which he presented before the referee and the district judge. Extensive hearings-held to determine the validity of the charges made by appellant disclosed, to the satisfaction of the referee and the district judge, that appellant was actually engaged on what was characterized as a “fishing expedition.” We note in passing that appellant, with personal knowledge of the bankruptcy proceedings, apparently elected to withhold his claim and participation in those proceedings, with the expectation that through private negotiation he could obtain full payment of his claim, once the bankruptcy proceedings had terminated. Careful review of the record and authorities cited by appellant leads us to the conclusion that the district court acted properly in issuing the orders from which the instant appeal has been taken. The orders will accordingly be affirmed.

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Bluebook (online)

175 F.2d 444, 1949 U.S. App. LEXIS 3403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-superb-diner-inc-ca3-1949.