Merle Don Rothman, Trustee, Appellant, v. John F. Forbes & Co., Claimant, Appellee, 442 F.2d 1350 (9th Cir. 1971)

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U.S. Court of Appeals for the Ninth Circuit - 442 F.2d 1350 (9th Cir. 1971) June 3, 1971

Appeal from the United States District Court for the Central District of California; Harry C. Westover, Judge.

Richard S. Berger (argued), Bernard Shapiro, of Gendel, Raskoff, Shapiro & Quittner, Los Angeles, Cal., for appellee.

Before CHAMBERS, MERRILL and ELY, Circuit Judges.


On review here are two items of accountants' fees in the amounts of $2,413.35 and $4,117.85 as allowed preferences in bankruptcy proceedings.

We find the allowance of the $2,413.35 was clearly erroneous, which appellee virtually concedes.

We cannot find the award of $4,117.85 was clearly erroneous.

Remanded for a modification consistent herewith.