v3195-125

No. 18143

IN THE

United States Court of Appeals

FOR THE NINTH CIRCUIT

Lama Company, a corporation,

Appellant,

vs.

Union Bank, et al.,

Appellees.

APPELLANT'S REPLY BRIEF.

RESPONSIVE ARGUMENT.

The Appellee, Union Bank, Having Been Found

Benefited by Reason of Proportional Occupa-

tion of Premises in Bankruptcy Should Be Held

Responsible for Its Aliquot Share of the Rent

Burden.

Both appellees make the triumphant assertion that no

transcript of the oral proceedings in this matter has

been presented for review. This is true. It is sub-

mitted, however, that the conclusion both appellees

reach from this circumstance, viz. that appellant's rec-

ord is fatally defective, is unsound. Rather, it would

be fair to say that the Findings of Fact made by the

bankruptcy court are to be accepted as true, and sup-

ported by the evidence. Neither review nor appeal hav-

ing been taken by either appellee, certainly it is too late

for the nebulous argument by appellee that the Referee

should not have made specific findings. (See Appellee

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