Woodmar Realty Co. v. McLean

MERCER, District Judge.

The only issue before us for decision upon this appeal by the bankrupt, Wood-mar Realty Company, is whether the court below properly dismissed Wood-mar’s amended petition for the removal of the appellees, Walter A. McLean and Herschel B. Davis, as trustee in bankruptcy and attorney for the trustee, respectively. For convenience, the parties are hereinafter sometimes referred to as appellant and appellees.

Appellant’s amended petition, filed January 7, 1959, charged that appellees had perpetrated, and were perpetrating, a fraud upon the court and Woodmar and requested…