Tarbell v. Crex Carpet Co.
Decision Date | 28 June 1937 |
Docket Number | No. 10861.,10861. |
Citation | 90 F.2d 683 |
Parties | TARBELL v. CREX CARPET CO. et al. |
Court | U.S. Court of Appeals — Eighth Circuit |
W. A. Quinlivan, of Minneapolis, Minn. (O'Brien & Quinlivan, of Minneapolis, Minn., on the brief), for appellant.
John M. Bradford, of St. Paul, Minn. (Bradford, Cummins & Cummins, of St. Paul, Minn., on the brief), for appellees.
Before WOODROUGH, THOMAS, and FARIS, Circuit Judges.
This is an appeal from an order of the District Court which denied permission to the appellant to file and make proof of claim against the bankrupt estate more than six months after adjudication. The claimant applied to the referee for leave to file and make the proof as upon amendment of claim presented within the six-month period and the referee granted the application, supporting his conclusion with a carefully prepared opinion upon the law and the facts. On review by the District Court a different decision was arrived at and the District Court also filed an opinion in writing. Our study of the record, the assignments of error, and the briefs has led us to the same conclusion as that announced by the District Court. We think the facts and law applicable thereto are correctly set forth in the opinion of the District Court, as follows:
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...of Thrift Savings, 320 F.2d 584 (9th Cir.1963); Fyne v. Atlas Supply Co., 245 F.2d 107, 108 (4th Cir.1957); Tarbell v. Crex Carpet Co., 90 F.2d 683, 684 (8th Cir.1937); Lacoe v. Delong, 65 F.2d 82, 84 (9th Cir.1933); In the Matter of Evanston Motor Co., Inc., 26 B.R. 998, 1000 (D.C.N.D.Ill.......
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