M. C. Kiser Co. v. Georgia Cotton Oil Co.
This text of 208 F. 548 (M. C. Kiser Co. v. Georgia Cotton Oil Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
General Order in Bankruptcy 13 (89 Fed. vii, 32 C. C. A. xvii) provides that:
“The appointment of a trustee by the creditors shall be subject to be approved or disapproved by the referee or by the judge.” •
[549]*549In this case it appears that both the referee and the judge disapproved of the choice of the creditors for trustee. Under the facts as presented, we are not prepared to say that the discretion vested under the above rule was improperly exercised. See Collier on Bankruptcy (8th Ed.), pp. 886-889, and cases there cited.
The petition for a review is denied.
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Cite This Page — Counsel Stack
208 F. 548, 125 C.C.A. 550, 1913 U.S. App. LEXIS 1722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/m-c-kiser-co-v-georgia-cotton-oil-co-ca5-1913.