In re George W. Myers Co., 17684.
Decision Date | 15 July 1969 |
Docket Number | No. 17684.,17684. |
Parties | In the Matter of GEORGE W. MYERS CO., Inc., Bankrupt. George W. Myers Co., Inc., Alleged Bankrupt, Appellant. |
Court | U.S. Court of Appeals — Third Circuit |
Pace Reich, Modell, Pincus, Hahn & Reich, Philadelphia, Pa., for appellant.
William Hart Rufe, III, Rufe & Rufe, Sellersville, Pa., for appellee.
Before KALODNER, VAN DUSEN and STAHL, Circuit Judges.
This is an appeal from a District Court order of November 26, 1968, denying a Petition for Review of a Referee's October 4, 1968, order adjudging "that George W. Myers is a bankrupt". The November 26, 1968, Memorandum Opinion of the able District Judge states the procedural background as follows:
The above-mentioned remand to the Referee was explained in the District Court Memorandum Opinion of September 6, 1968 as follows:
1
One of the reasons stated in the Petition for Review of the Referee's October 4 order was the Referee's refusal "to allow the alleged bankrupt to introduce evidence in rebuttal of the testimony presented at the remand hearing on September 25, 1968." We have concluded that the District Court's order of November 26, 1968, must be reversed. The alleged bankrupt was denied procedural due process by the Referee's refusal of its offer to present evidence at the close of the evidence introduced by the petitioning creditors at the additional remand hearing on September 25. See Republic National Bank of Dallas v. Crippen, 224 F.2d 565, 566 (5th Cir. 1955), where the court said:
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