MILLER, District Judge.
This matter comes before the court on a petition to review an order of the referee in bankruptcy entered on August 16, 1941, overruling a motion to dismiss the claim of W. H. Coutts, Jr., and R. A. Clymer, for damages growing out of the failure of the bankrupt and the trustee to carry out the terms of a certain executory contract.
The certificate by the referee discloses no disputed questions of fact and set forth chronologically the...
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