Opinion
No. 8503.
March 14, 1940.
Appeal from the District Court of the United States for the Southern District of Ohio; John H. Druffel, Judge.
In Bankruptcy. Proceeding between G. Levor Co., Incorporated, and Graham B. Hunt, Referee in Bankruptcy for the Southern District of Ohio. From an order denying an application to transfer the case to another referee, first named party appeals.
Affirmed.
Dempsey Dempsey, of Cincinnati, Ohio, for appellant.
J.E. Rappoport, of Cincinnati, Ohio, for appellee.
Before ALLEN, HAMILTON, and ARANT, Circuit Judges.
This case came on to be heard on the pleadings, the briefs, and the arguments of counsel; and it appearing to the court that under Title 11, Sec. 45 sub. b, U.S.C. § 11 U.S.C.A. § 45, sub. b, the District Court has a discretion as to whether it will or will not transfer a case from one referee to another; and it appearing from the record in this case that the District Court did not abuse such discretion in denying the application to transfer, it is ordered that the order of the District Court be and it is hereby affirmed.