
    ONEIDA VALLEY NAT. BANK et al. v. BALISH.
    No. 311.
    Circuit Court of Appeals, Second Circuit.
    July 6, 1942.
    Joseph K. Guerin and Myers & Guerin, both of New York City, for appellant.
    H. S. Ogden, of New York City, and Alexander & Green, of New York City, for appellee Oneida Valley Nat. Bank.
    Alexander H. Katz, of Brooklyn, N. Y., for Rose Holtzer.
    Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.
   PER CURIAM.

The findings of the referee must stand unless “clearly erroneous.” Federal Rules of Civil Procedure, rule 53(e) (2), 28 U. S.C.A. following section 723c. In this case not only is that not true, but they are plainly correct; the bankrupt was shown beyond peradventure to be totally undeserving of a discharge. It is hard to see on what theory he could have expected the appeal to succeed.

Order affirmed.  