In the Matter of J. J. Tyne and John Caul, Etc., Bankrupt. Western Plumbing Supply Company v. S. Harvey Klein, Trustee

SWAIM, Circuit Judge.

This appeal is from a judgment of the District Court which approved an order of the referee in bankruptcy directing the respondent, Western Plumbing Supply Company, to convey to the trustee in bankruptcy certain real estate which the bankrupt was occupying and which the referee found belonged to the bankrupt partnership.

These bankruptcy proceedings were instituted by the filing, on December 18, 1953, of an involuntary petition against J. J. Tyne and John Caul, copartners, doing business as the Tyne Company. Thereafter John Caul died, leaving J. J. Tyne as the sole…