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374 F.2d 504

Docket No. 22478.

Wells v. Wilkinson

Fifth Circuit Court of Appeals

Decided March 13, 1967.

Fifth Circuit Court of Appeals · decided 1967-03-13

Cited by 4 later decisions — most recently September 1979

1 federal appellate ·

2 counsel of record

Relies on In re Myley Electrical Supply Co.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1967-03-13

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¶1*505Jesse S. Guillot, New Orleans, La., for appellant.

¶2Robert G. Nichols, Jr., Jackson, Miss., for appellee.

¶3Before RIVES and WISDOM, Circuit Judges, and CONNALLY, District Judge.

¶4PER CURIAM:

¶5This appeal is by a receiver in bankruptcy dissatisfied with his fee. The case arose in a Chapter XI arrangement proceeding. The Referee appointed Wells receiver when the debtor filed a voluntary petition for arrangement. The order provided that the debtor was to continue to operate its business. When the Referee approved the debtor’s proposed arrangement, he again appointed Wells receiver and also undertook to appoint him as trustee. No trustee is, as a rule, appointed in a Chapter XI proceeding unless there is a prior pending bankruptcy proceeding. 11 U.S.C. § 732.

¶6Wells claims the maximum compensation as (1) receiver with limited powers, which he was at first; (2) receiver, which he was after the Referee accepted the debtor’s arrangement; and (3) as trustee, which he never was. Wells was entitled to compensation for his services in categories (1) and (2). The Referee awarded him compensation for these services, although not the maximum allowable under 11 U.S.C. § 76. The actual compensation is within the discretion of the court, and to win a reversal the receiver must show “that such discretion was plainly abused.” In re Myley Electrical Supply Co., 2 Cir. 1923, 287 F. 524, 526. We find no abuse of discretion. The judgment is

¶7Affirmed.

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