Opinion
No. 311.
July 6, 1942.
Appeal from the District Court of the United States for the Eastern District of New York.
Proceedings between Oneida Valley National Bank, and others, and Benjamin Balish. From an order of the district court denying a bankrupt's discharge, Benjamin Balish appeals.
Order affirmed.
Joseph K. Guerin and Myers Guerin, both of New York City, for appellant.
H.S. Ogden, of New York City, and Alexander Green, of New York City, for appellee Oneida Valley Nat. Bank.
Alexander H. Katz, of Brooklyn, N.Y., for Rose Holtzer.
Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.
The findings of the referee must stand unless "clearly erroneous." Federal Rules of Civil Procedure, rule 53(e)(2), 28 U.S.C.A. following section 723c. In this case not only is that not true, but they are plainly correct; the bankrupt was shown beyond peradventure to be totally undeserving of a discharge. It is hard to see on what theory he could have expected the appeal to succeed.
Order affirmed.