In re F. & D. Co.

MAYER, District Judge.

This is a motion to review the order of the referee herein appointing a trustee. The circumstances were as follows:

Two candidates were nominated for trustee; neither had the requisite votes of the majority in number and amount of the creditors. The result was no election. The referee appointed as trustee one of these unsuccessful candidates. There is no question as to the integrity or ability of the trustee thus appointed by the referee. It seems to me, however, that the appointment is not in accordance with the purpose and intent of the statute. The statute, in this…