U.S. Court of Appeals for the Fourth Circuit, 1970

Kolodner v. Harris

Kolodner v. Harris
U.S. Court of Appeals for the Fourth Circuit · Decided April 22, 1970
424 F.2d 1071 (Federal Reporter, Second Series)

Counsel

Harry A. Margolis,. New York City and Louis J. Sagner, Baltimore, Md., on brief for appellant., Leon H. A. Pierson and Joseph Rosen-thal, Baltimore, Md., on brief, for appel-lee.

Kolodner v. Harris

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Opinion of the Court

PER CURIAM:

In this appeal from the district court’s affirmance of the referee’s refusal to hold the appellee in contempt for violation of a turnover order, we find oral argument unnecessary and summarily affirm. Under the evidence presented, the referee and the district court could find that the appellee is presently incapable of complying with the order by any other means than reconstruction of the inventory demanded. The district court’s conclusion that the appellee is not in contempt was, therefore, warranted. Mag-gio v. Zeitz, 333 U.S. 56, 69, 68 S.Ct. 401, 92 L.Ed. 476 (1948).

Affirmed.

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