John Eranosian v. John M. England, Trustee of Belmetals Mfg. Co., Inc.

Ninth Circuit

John Eranosian v. John M. England, Trustee of Belmetals Mfg. Co., Inc.

437 F.2d 1355

Court of Appeals for the Ninth Circuit·Decided March 25, 1971·No. 24556_1·Published

Opinion

PER CURIAM:

This is an appeal from an order of the district judge affirming on review an order of the referee in bankruptcy declaring void, by reason of Cal.Corp. Code section 1707(c), a contract by Belmetals Mfg. Co., Inc., now a bankrupt, to purchase shares of its own stock from Mr. and Mrs. John Eranosian and Mr. and Mrs. Henry Pahland; denying said shareholders’ reclamation petition to recover from the trustee sums owing under said contract; and requiring said shareholders to pay (Cal.Corp. Code § 1715) Belmetals’ trustee all payments made to them pursuant to said contract.

The opinion of the district judge affirming the determination by the referee appears in 299 F.Supp. 1290 (N.D.Cal.1969) sub now,. In re Bel-metals Mfg. Co., Inc.

We have carefully reviewed the judge’s decision in the light of the record and findings of the referee and are thoroughly convinced that it is correct and that the order should in all respects be affirmed.

jt is so ordered.

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PER CURIAM:

This is an appeal from an order of the district judge affirming on review an order of the referee in bankruptcy declaring void, by reason of Cal.Corp. Code section 1707(c), a contract by Belmetals Mfg. Co., Inc., now a bankrupt, to purchase shares of its own stock from Mr. and Mrs. John Eranosian and Mr. and Mrs. Henry Pahland; denying said shareholders’ reclamation petition to recover from the trustee sums owing under said contract; and requiring said shareholders to pay (Cal.Corp. Code § 1715) Belmetals’ trustee all payments made to them pursuant to said contract.

The opinion of the district judge affirming the determination by the referee appears in 299 F.Supp. 1290 (N.D.Cal.1969) sub now,. In re Bel-metals Mfg. Co., Inc.

We have carefully reviewed the judge’s decision in the light of the record and findings of the referee and are thoroughly convinced that it is correct and that the order should in all respects be affirmed.

jt is so ordered.

John Eranosian v. John M. England, Trustee of Belmetals Mfg. Co., Inc., 437 F.2d 1355 (9th Cir. 1971).

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Opinion

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