Opinion
No. 12794.
August 11, 1944. Rehearing Denied September 5, 1944.
Appeal from the District Court of the United States for the Western District of Missouri; Merrill E. Otis, Judge.
Samuel W. Sawyer, A.J. Granoff, and Claude A. Ferguson, all of Kansas City, Mo., for appellant.
R.B. Caldwell and John W. Oliver, both of Kansas City, Mo., for appellee.
Before GARDNER, JOHNSEN, and RIDDICK, Circuit Judges.
The referee authorized the trustee to sell, free and clear of liens, all of the property involved in the reclamation proceeding, No. 12,791, In re Kansas City Journal-Post Co. (Bostian v. Schapiro), 8 Cir., 144 F.2d 791, decided concurrently herewith. The District Court reversed, 51 F. Supp. 1009, 1019, 1020.
The matter is controlled by the effect of our decision in No. 12,791. The order of the District Court is affirmed.