John P. Buck v. Osco Simpson, Sr., 357 F.2d 338 (9th Cir. 1966). · Go Syfert
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John P. Buck v. Osco Simpson, Sr., 357 F.2d 338 (9th Cir. 1966). Cases Citing This Book View Copy Cite
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John P. BUCK, Trustee, Etc., Appellant,
v.
Osco SIMPSON, Sr., Appellee
20298_1.
Court of Appeals for the Ninth Circuit.
Mar 10, 1966.
Published opinion
357 F.2d 338
1966 U.S. App. LEXIS 6920
Quittner, Stutman, Treister & Glatt, J. Ronald Trost, Los Angeles, Cal., for appellant., George A. Willson, Huntington Park, Cal., for appellee.
Barnes, Hamlin, Ely.
Published
PER CURIAM:

In a previous appeal before this court, this matter was remanded, under date of March 29, 1965, “to hear evidence of the acts claimed.” White v. Clarke, No. 19895, 9th Cir., March 29, 1965. The only issue before the district court on the remand was the then present ability of Oseo Simpson, Sr., to comply with the referee’s order re turnover of funds, which referee’s order had become final.

Hearing was had and determination made before the district court on May 27, 1965. The issue of fact pleaded was found favorably to the bankrupt, i. e., that he did not then have the ability to turn over certain funds to the trustee.

We cannot hold on the record that this finding was clearly erroneous, and we affirm.