Opinion
No. 9194.
June 3, 1939.
Upon Petition for Allowance of Appeal from the District Court of the United States for the Northern District of California; Harold Louderback, Judge.
Proceeding in the matter of the bankruptcy of Adrien Blanquie, doing business as the City of Paris Dyeing Cleaning Works, wherein John O. England was appointed trustee in bankruptcy, and wherein M. Ducasse filed a claim of $2,273.83. On petition to the Circuit Court of Appeals for allowance of an appeal from an order of the District Court reversing an order of referee in bankruptcy whereby the claim was allowed in the amount of $427.57 and as to the balance thereof was rejected.
Petition denied.
Grant H. Wren, of San Francisco, Cal., for petitioner.
Before WILBUR, MATHEWS, and HANEY, Circuit Judges.
A trustee in bankruptcy has petitioned this court for allowance of an appeal from an order of the District Court which reversed an order of a referee in bankruptcy whereby a claim of $2,273.83 was allowed in the amount of $427.57 and, as to the balance thereof ($1,846.26), was rejected. The court remanded the case to the referee with directions to determine the amount of the claim, thus making it possible for the referee, upon such remand, to allow the full amount claimed.
The petition states, erroneously, that the proposed appeal involves less than $500. Actually, it involves $1,846.26, being the difference between the amount claimed and the amount heretofore allowed. Since it involves over $500, the proposed appeal is not allowable by this court. Bankruptcy Act, § 24, 52 Stat. 854, 11 U.S.C.A. § 47.
Petition denied.