In the Matter of Dee's, Inc., Bankrupt. Albert E. Hughes, Jr., Trustee in Bankruptcy of Estate of Lewis Dion, Bankrupt

BIGGS, Chief Judge.

Hughes, the petitioner, trustee in bankruptcy of the Estate of Lewis Dion, an individual, filed a reclamation petition against Stark, the trustee in bankruptcy of the Estate of Dee’s, Inc., to reclaim certain assets. The Referee denied the petition, stating, however, that he did not restrict the petitioner’s, Hughes’, position by the technicalities of his reclamation demands. The Referee’s decision was reviewed by the court below and was affirmed. 1 *This appeal followed.

The facts are as follows. For sotne years prior to January 1, 1957, Dion as an individual owned and…