U.S. Court of Appeals for the Second Circuit, 1942

Oneida Valley Nat. Bank v. Balish

Oneida Valley Nat. Bank v. Balish
U.S. Court of Appeals for the Second Circuit · Decided July 6, 1942
130 F.2d 255; 1942 U.S. App. LEXIS 3078 (Federal Reporter, Second Series)

Oneida Valley Nat. Bank v. Balish

Opinion of the Court

PER CURIAM.

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.

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