Frederick v. Baxter Arms Corp.

CLARK, Circuit Judge.

Plaintiff, as trustee in bankruptcy of Elizabeth Bunge, attacks her transfer, pri- or to her bankruptcy, of the Baxter Arms Apartment House to the Baxter Arms Corporation. This appeal must fail unless we hold to be “clearly erroneous” the finding of the court below that the money with which she originally purchased the property in question was not her own, but actually belonged to her mother and brother. Federal Rule of Civil Procedure 53(e) (2), 28 U.S.C.A. following section 723c. We think such a holding by us is not justified, and hence the decree dismissing the…