Angus G. Wynne, Jr., Bankrupt v. William J. Rochelle, Jr., Trustee in Bankruptcy

GEWIN, Circuit Judge:

This bankruptcy case involves a novel question as to the power of a district court sitting in bankruptcy to enter a nunc pro tunc order which retroactively adjudicated the appellant a bankrupt. The appellant, Angus G. Wynne, Jr., was adjudged a bankrupt in the United States District Court for the Northern District of Texas on November 24, 1964, pursuant to the second involuntary petition in bankruptcy filed by three of the appellant’s creditors. The first petition filed by the same creditors on September 3, 1964, was dismissed on November 19, 1964.1 Subsequently, a motion…