U.S. Court of Appeals for the Fourth Circuit, 1964

Wilson v. Hy-Lan Furniture Co.

Wilson v. Hy-Lan Furniture Co.
U.S. Court of Appeals for the Fourth Circuit · Decided April 20, 1964
332 F.2d 284 (Federal Reporter, Second Series)

Wilson v. Hy-Lan Furniture Co.

Opinion of the Court

PER CURIAM.

Hy-Lan Furniture Company, Incorporated, asserts that it was not afforded an *285adequate opportunity to present proof of its claim in this bankruptcy proceeding. The District Court determined that two letters written January 2, 1963 by Hy-Lan to the Referee constituted proof of claim. The issue of Hy-Lan’s opportunity to furnish further proof primarily raises a question of fact.

Consideration of the record, briefs and argument persuades us that the District Judge properly affirmed the order of the Referee disallowing Hy-Lan’s claim in part. The District Judge did not abuse his discretion by denying Hy-Lan’s motion to vacate the Referee’s order and to reopen the proceedings for further proof.

Affirmed.

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