Ross v. Drybrough

When this case was before us upon the first appeal (Ross v. Drybrough, 2 Cir., 149 F.2d 676, 677) we remanded it to the District Court to decide in its discretion whether Ross might “still be in a position to seek to compel the trustee to prosecute objections to respondent’s claim or, in default of such action, to ask permission himself to act in the name of the trustee.” The Distinct Jxxdge has now held that, regarded as an application by Ross to appeal “in the name of the trustee,” our order of affirmance had finally disposed of it, and that it was no longer before him. He then held that,…