In re Freshman

ATWELL, District Judge.

In cause No. 1211, in bankruptcy, the same bankrupt filed a voluntary proceeding. In due time he applied for his discharge. His discharge was contested. Considerable testimony was taken,upon this issue but, before a recommendation was *610made by the referee to -the District Judge, the referee died, and the proceedings passed to his successor, who, .after having reviewed the record, concluded that it should be recommended that the discharge be not granted. Accordingly the referee so recommended to the court. This recommendation was never acted upon, and it is still open for…