Legal Opinion

Georgia Railroad Bank v. Koppel

Court of Appeals for the Fifth Circuit

Decided October 22, 1917No. 3020PublishedCited by 1 opinion

Petition to Superintend and Revise Proceedings of the District Court of the United States for the Southern District of Georgia; William Wallace Lambdin, Judge. In the matter of the Bankruptcy of A. Rosenthal. On petition of L Koppel and Albert G. Ingram, trustee, to review an order of the referee allowing the claim of the Georgia Railroad Bank as a secured claim, the order was reversed and set aside (238 Fed. 597), and the claimant bank petitions to superintend and revise.

1Opinion of the Court

BATTS, Circuit Judge.

A. Rosenthal was adjudged a bankrupt in August, 1913. The Georgia Railroad Bank filed its claim as a secured creditor to the amount of $14,950, setting out, among other securities, that which becomes the subject-matter of this proceeding.' L. Koppel, an unsecured creditor, filed a petition, alleging that the trustee had refused to proceed, and attacked the validity of the claim of the Georgia Railroad Bank as to such security. The referee held for the bank, and an appeal was taken to the United States District Court for the Southern District of Georgia, where the ruling…

2Cases cited3 opinions

  1. Townsend v. Ashepoo Fertilizer Co.Court of Appeals for the Fourth Circuit · 1914
  2. Ward v. American Agricultural Chemical Co.Court of Appeals for the Fourth Circuit · 1916
  3. In re Floyd & HayesDistrict Court, E.D. South Carolina · 1915

3Cited by1 opinion

  1. Leverette v. HarmonyCourt of Appeals of Georgia · 1943

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