Opinion
No. 4382.
December 4, 1930.
Appeal from the District Court of the United States for the Middle District of Pennsylvania; Albert W. Johnson, Judge.
Walter L. Hill and Leo G. Knoll, both of Scranton, Pa., for appellants.
Clarence Balentine, of Scranton, Pa., and Joseph E. Fleitz, of Wilkes-Barre, Pa., for appellees.
Before BUFFINGTON and DAVIS, Circuit Judges, and THOMPSON, District Judge.
In this case the trustee in bankruptcy, after notice to creditors and hearing by the referee and in pursuance of his order, sold to Stookey, the appellee, the interest of the bankrupt in a building contract. Thereafter Stookey paid the purchase money to the trustee, who still retains it. Eight months later the appellants, creditors of the bankrupt, petitioned the referee to set the sale aside on the ground of alleged fraud and concealment on the part of Stookey. On hearing, the referee refused their petition. The court below sustained the action of the referee. A study of the proofs in the case satisfies us that no error was committed by the court in so doing.
Accordingly, the order entered below is affirmed.