EARHART

v.

CALLAN, TRUSTEE IN BANKRUPTCY

Citator

Cited By

• Nyhus v. Travel Mgmt. Corp., 466 F.2d 440 (D.C. Cir. 1972)
  …any such discussion took place. It asserts that even if it did Kingman’s response to Nyhus’ deferral request was “unauthorized, illegal and unenforceable.” . See Fed.R.Civ.P. 8(c). . Earhart v. Callan, 221 F. 2d 160, 163 (9th Cir.), cert. denied, 350 U.S. 829, 76 S.Ct. 59, 100 L.Ed. 740 (1955); Iron City Sand & Gravel Div. of McDonough Co. v. West Fork Towing Corp., 298 F.Supp. 1091, 1095 (N.D. W.Va.1969), rev’d on other grounds, 440 F. 2d 958 (1971); Smalich v. Westfall, 440 Pa. 409, 269 A. 2d 476, 480…
• In re Rubin, 378 F.2d 104 (3d Cir. 1967)
  …ear that the referee’s findings could not be overturned by either the district court, General Order 47; cf., In re J. L. N. Distributors, Inc., 330 F. 2d 815 (C.A.2, 1964), or this court, cf., Earhart v. Callan, 221 F. 2d 160 (C.A.9), cert. denied, 350 U.S. 829, 76 S.Ct. 59, 100 L.Ed. 740 (1955), unless they were clearly erroneous. The matter which was heard before the referee, however, was a contempt proceeding, albeit an unauthorized one; and his findings, even if they were authorized (as in a § 41(b) ce…
• In re Stafos v. Laurence M. Jarvis in Bankruptcy, 477 F.2d 369 (10th Cir. 1973)
  …constitutional rights. Williams v. Eaton, 468 F. 2d 1079 (10th Cir. 1972). If a trial court adopts a Referee’s findings and conclusions, they are thereby adopted and approved as its own. Earhart v. Callan, 221 F. 2d 160 (9th Cir. 1955), cert. denied 350 U.S. 829, 76 S.Ct. 59, 100 L.Ed. 740 (1955). Under Bankruptcy General Order 47, 28 U.S.C.A., the Trial Court is bound to accept the Referee’s findings of fact unless they are clearly erroneous. Moran Bros., Inc. v. Yinger, 323. F. 2d 699 (10th Cir. 1963). Th…