Jan M. Skarbinski v. The Henry H. Krause Co.

PHILLIPS, Circuit Judge.

Defendant-appellee initiated involuntary bankruptcy proceedings which resulted in plaintiff-appellant being adjudged a bankrupt. Appellant subsequently was granted a discharge.

Thereafter appellees filed a petition before the referee in bankruptcy to vacate the discharge. The referee refused to vacate the discharge and denied the relief sought. Appellees then filed a petition to review. The district court affirmed the order of the referee, leaving the discharge in full force and effect.

Appellant filed the present action for malicious prosecution and conspiracy, charging…