Benioff v. Wyman

Ninth Circuit Court of Appeals

Decided March 11, 1952.

Ninth Circuit Court of Appeals · decided 1952-03-11

Cited by 6 later decisions — most recently June 1968

5 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1952-03-11

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¶1W. M. Pinney, Jr., San Francisco, Cal. (Guernsey Carson, San Francisco, Cal., of counsel), for appellant.

¶2Dinkelspiel & Dinkelspiel, Jacobs, Blanckenburg & May, and James M. Conners, all of San Francisco, Cal., for appellee.

¶3Before MATHEWS, BONE and ORR, Circuit Judges.

¶4PER CURIAM.

¶5Appellant, Fred Benioff, filed a petition under Chapter 11, §§ 301-399 of the Bankruptcy Act, 11 U.S.C.A. §§ 701-799. The proceeding was referred to Burton J. Wy-man, one of the referees in bankruptcy for the Northern District of California. Thereafter appellant petitioned the District Court to refer the case to another referee. See §§ 22, sub. b and 302 of the Bankruptcy Act, 11 U.S.C.A. §§ 45, sub. b, 702. From *441an order denying the petition appellant has appealed. The petition was addressed to the District Court’s discretion. The record shows no abuse of that discretion. Accordingly, the order is affirmed.