442 F2d 1350 Rothman v. John F Forbes & Co

442 F.2d 1350

Merle Don ROTHMAN, Trustee, Appellant,
v.
JOHN F. FORBES & CO., Claimant, Appellee.

No. 25306.

United States Court of Appeals, Ninth Circuit.

June 3, 1971.

Appeal from the United States District Court for the Central District of California; Harry C. Westover, Judge.

Richard S. Berger (argued), Bernard Shapiro, of Gendel, Raskoff, Shapiro & Quittner, Los Angeles, Cal., for appellee.

Before CHAMBERS, MERRILL and ELY, Circuit Judges.

PER CURIAM:

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1

On review here are two items of accountants' fees in the amounts of $2,413.35 and $4,117.85 as allowed preferences in bankruptcy proceedings.

2

We find the allowance of the $2,413.35 was clearly erroneous, which appellee virtually concedes.

3

We cannot find the award of $4,117.85 was clearly erroneous.

4

Remanded for a modification consistent herewith.