Pettit v. Olean Industries, Inc.

I dissent from so much of the court’s decision as determines that the order appealed from was an interlocutory order made in “a proceeding in bankruptcy” and was therefore an appealable order under 11 U.S.C.A. § 47. I would hold that no interlocutory order assuming summary jurisdiction to decide an asserted claim of right on the merits is appeal-able under 11 U.S.C.A. § 47, because every such order is entered in at least partial disposition of “a controversy arising in a proceeding in bankruptcy” and is therefore rendered unappealable by that section. See, e. g., In re Christ’s Church of the…