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In re ISERT.

(District Court, N. D. California, First Division.

October 13, 1915.)

No. 9344.

Bankruptcy '<&wkey;228 — Orders of Referee — Petition to Review — Time for Filing.

. Where a rule of tbe District Court provided that a petition for review by tbe judge of an order by tbe referee as provided in General Order No. 27 of tbe General Orders in Bankruptcy (89 Fed. xi, 32 C. C. A. xxvii) must be filed with tbe referee witbin 10 days from tbe date of notice, unless for good cause shown sucb time be extended, a petition for review, not filed witbin 10 days, must be'dismissed, where the time of filing was not extended.

[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 659; Dec. Dig. <&wkey;>228.]

In Bankruptcy. In the matter of the bankruptcy of Julius F. Isert. Petition by Minnie E. Isert for review of an- order of the referee directing' the selling of certain barley as the property of the bankrupt’s estate.

Petition dismissed.

A. H. Carpenter, of Stockton, Cal., for bankrupt.

L. J. Smallpage, of Stockton, Cal., for trustee.

DOOLING, District Judge.

Petition for review of an order of the referee.directing the sale of certain barley as the property of bankrupt’s estate. The order of sale was made on August 24, 1915, and on August 25, 1915, notice of the decision of the referee in making such order, together with a copy of the order, was served upon the attorney for Minnie E. Isert who now seeks to have the order reviewed. The petition for review was not filed until September 7, 1915. Rule 10 of this court provides:

“A petition for a review by tbe judge of an order made- by tbe referee as provided in General order No. 27 of tbe General Orders in Bankruptcy [89 Fed. xi, 32 C. C. A. xxvii] must be filed with tbe referee witbin ten days from tbe date of notice of sucb order, unless for good cause shown, sucb time is extended.”

*485The petition for review was not filed within 10 days as required by this rule, and the time for such filing was not extended. The petition for review must therefore be dismissed, and it is so ordered.

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