John P. Buck, Trustee, Etc. v. Osco Simpson, Sr.

Ninth Circuit

John P. Buck, Trustee, Etc. v. Osco Simpson, Sr.

357 F.2d 338, 1966 U.S. App. LEXIS 6920

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 10, 1966

Docket20298_1

StatusPublished

This text of 357 F.2d 338 (John P. Buck, Trustee, Etc. v. Osco Simpson, Sr.) 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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John P. Buck, Trustee, Etc. v. Osco Simpson, Sr., 357 F.2d 338, 1966 U.S. App. LEXIS 6920 (9th Cir. 1966).

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Opinion

PER CURIAM:

In a previous appeal before this court, this matter was remanded, under date of March 29, 1965, “to hear evidence of the acts claimed.” White v. Clarke, No. 19895, 9th Cir., March 29, 1965. The only issue before the district court on the remand was the then present ability of Oseo Simpson, Sr., to comply with the referee’s order re turnover of funds, which referee’s order had become final.

Hearing was had and determination made before the district court on May 27, 1965. The issue of fact pleaded was found favorably to the bankrupt, i. e., that he did not then have the ability to turn over certain funds to the trustee.

We cannot hold on the record that this finding was clearly erroneous, and we affirm.

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PER CURIAM:

In a previous appeal before this court, this matter was remanded, under date of March 29, 1965, “to hear evidence of the acts claimed.” White v. Clarke, No. 19895, 9th Cir., March 29, 1965. The only issue before the district court on the remand was the then present ability of Oseo Simpson, Sr., to comply with the referee’s order re turnover of funds, which referee’s order had become final.

Hearing was had and determination made before the district court on May 27, 1965. The issue of fact pleaded was found favorably to the bankrupt, i. e., that he did not then have the ability to turn over certain funds to the trustee.

We cannot hold on the record that this finding was clearly erroneous, and we affirm.

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Bluebook (online)

357 F.2d 338, 1966 U.S. App. LEXIS 6920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-p-buck-trustee-etc-v-osco-simpson-sr-ca9-1966.