Marian Corporation, Joseph D. Casalaro and Robert C. Hunt v. Miles Spence Bray, Trustee in Bankruptcy for the R and P Masonry Company Incorporated
This text of 235 F.2d 318 (Marian Corporation, Joseph D. Casalaro and Robert C. Hunt v. Miles Spence Bray, Trustee in Bankruptcy for the R and P Masonry Company Incorporated) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an appeal from an order in a bankruptcy case denying to appellants leave to sue the trustee in bankruptcy in’ a state court to recover a tract of land in possession of the trustee in bankruptcy as one of the assets of the bankrupt estate. While the question of title was one to be decided by local law, there was no conflict of decision with regard thereto and no reason to think that the questions involved could not be tried in the court of bankruptcy as well as in the state court. Whether or not leave to sue the trustee in the state court should be granted was a matter resting in the sound discretion of the court below; and there is absolutely no basis for holding that the discretion was abused. The decision appealed from will be affirmed for reasons adequately stated in the memorandum filed by the District Judge. See Thompson v. Magnolia Petroleum Co., 309 U.S. 478, 60 S.Ct. 628, 84 L.Ed. 876.
Affirmed.
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235 F.2d 318, 1956 U.S. App. LEXIS 4414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marian-corporation-joseph-d-casalaro-and-robert-c-hunt-v-miles-spence-ca4-1956.