In re Alberti

(after stating the facts as above).

The effect to be given to the findings of a referee, and, consequently, to those of a conciliation commissioner, was stated by Judge Wilbur in Weisstein Bros. & Survol v. Laugharn, 1936, 9 Cir., 84 F.2d 419, 420;

“Appellee contends that the case having been tried before the referee, and the referee having found that the claimant was entitled to possession of the canned fruit, that the District Court could not disturb the decision. This contention is based upon the familiar rule that where facts are litigated before the referee, and where the witnesses…