Martin v. Mercantile Financial Corporation, 26000.

• Decision Date: 21 January 1969
• Docket Number: No. 26000.,26000.
• Citation: Martin v. Mercantile Financial Corporation, 404 F.2d 886 (5th Cir. 1969)
• Parties: Herbert Ulous MARTIN, Appellant, v. MERCANTILE FINANCIAL CORPORATION, Appellee.
• Court: U.S. Court of Appeals — Fifth Circuit

404 F.2d 886 (1968)

Herbert Ulous MARTIN, Appellant, v.MERCANTILE FINANCIAL CORPORATION, Appellee.

No. 26000.

United States Court of Appeals Fifth Circuit.

December 12, 1968.

Rehearing Denied January 21, 1969.

Bert C. Cushway, Tom Antonion, Atlanta, Ga., for appellant.

Samuel J. Zusmann, Jr., Francis Marion Bird, Jr., Jones, Bird & Howell, Atlanta, Ga., of counsel for Mercantile Financial Corporation; Lipshutz, Macey, Zusmann & Sikes, Atlanta, Ga., of counsel for the trustee.

Before BROWN, Chief Judge, AINSWORTH, Circuit Judge, and FULTON, District Judge.

PER CURIAM:

The District Court denied a Petition for Review of an order of the Referee, wherein the appellant-bankrupt was denied a discharge.

In the order denying the discharge the Referee made complete and detailed "Findings of Fact and Conclusions of Law," all of which have support in the record and none of which have been shown to be clearly erroneous.

This appeal is controlled by Spach v. Strauss, 5 Cir.1967, 373 F.2d 691, 643, 644, wherein the Court succinctly stated:

"The referee in Bankruptcy has reasonably broad discretion in granting or refusing a discharge to a bankrupt.When the referee\'s determination has been approved by the district court, it should not be disturbed on appeal except for the most cogent reasons.Minella v. Phillips, 5 Cir.1957, 245 F.2d 687, 690.

"By confirming the referee\'s findings the District Court made them his own.

"Fed.R.Civ.P. 52(a) precludes reversal on a factual issue unless it is found to be clearly erroneous, Chaney v. City of Galveston, 5 Cir., 1966, 368 F.2d 774.The sole

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