Opinion

Oma C. Brown v. S. David Rubenstein, Trustee in Bankruptcy, Estate of the Thirteen Hundred Corporation, Bankrupt

  • 288 F.2d 168
  • 109 U.S. App. D.C. 384
  • 1961 U.S. App. LEXIS 5089
Court
Court of Appeals for the D.C. Circuit
Filed
Mar 16, 1961
Status
Published
On the bench
Miller, Edgerton, Fahy
Cited by
0 cases

The opinion

*169

PER CURIAM.

The appellants filed proofs of claim against the estate of a bankrupt corporation on the basis of a debenture issued by it. The Trustee excepted and filed counterclaims against them. Thereupon the appellants moved to dismiss the counterclaims, on the ground that the Trustee had failed to join parties alleged to be indispensable, and that the bankruptcy court lacked jurisdiction over the parties and the subject matter.

After the Referee overruled their motion to dismiss the Trustee’s counterclaims, the present appellants petitioned for review in the District Court. That court affirmed the Referee’s ruling, and this appeal followed.

The Trustee says the Referee’s order is interlocutory and therefore moves to dismiss this appeal for lack of jurisdiction. We resolve the close question thus presented by retaining the appeal. On the merits, we hold the District Court was correct in affirming the Referee’s order.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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