Court of Appeals for the Second Circuit March 20, 1973, 72-2104 (In the Matter of Appliance Packing & Warehousing Corp., Bankrupt)

MULLIGAN, Circuit Judge.

This is an appeal from a decision of the United States District Court for the Southern District of New York, Hon. Constance Baker Motley, D.C., 358 F. Supp. 84 setting aside an order of the Referee in Bankruptcy, Hon. Roy Babitt, which had subrogated the trustee in bankruptcy of Appliance Packing & Warehousing Corp.