SWYGERT, District Judge.
The Referee's order of November 1, 1945, which is under attack, contains this finding: "That Charles L. Surprise, the Trustee herein, has neither assumed nor rejected said lease pursuant to Section 70, sub. b of the Act of Congress relating to bankruptcy." The order authorizes the Trustee to sell the personal property listed in the lease at private sale to R. B. Fletcher for the sum of $4,784.92.
Section 70, sub. b, 11 U.S.C.A. §...
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