Lynch v. Roberson
Court of Appeals for the Sixth Circuit
Petition to Revise and Appeal from the 'District Court of the United States for the Eastern District of Tennessee; Edward T. Sanford, Judge. In the matter of the Tennessee River Coal Company, bankrupt. Petition by Carter Eynch, as trustee in bankruptcy, against A. E. Roberson, to require the respondent to surrender to the trustee assets held by him as receiver appointed by the state chancery court for the Tennessee River Railroad Company.
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Petition to Revise and Appeal from the 'District Court of the United States for the Eastern District of Tennessee; Edward T. Sanford, Judge. In the matter of the Tennessee River Coal Company, bankrupt. Petition by Carter Eynch, as trustee in bankruptcy, against A. E. Roberson, to require the respondent to surrender to the trustee assets held by him as receiver appointed by the state chancery court for the Tennessee River Railroad Company. Petition dismissed without prejudice ,to a plenary suit, and the trustee appeals and petitions to revise. On May 27,1921, a petition was filed in the…
1Opinion of the CourtKnappen, Circuit Judge
(after stating the facts as above). [1] So far as concerns the method of review, the result is the same whether the case is considered on appeal or on petition to revise. Petitioner has treated the proceeding below as summary in character, and that character may be allowed to determine its nature, in a reviewable sense, as an administrative order in course of bankruptcy. In re Orinoco Corporation (C. C. A. 6) 269 Fed. 344, 346. The appeal is accordingly dismissed.
[2] The sole substantial question presented is whether the court below rightly held that the claim of the trustee in bankruptcy to…
2Cases cited2 opinions
- In re Diamond's EstateCourt of Appeals for the Sixth Circuit · 1919
- In re BaxterCourt of Appeals for the Sixth Circuit · 1920
3Cited by9 opinions
- Marcell v. EngebretsonCourt of Appeals for the Eighth Circuit · 1934
- Roof v. ConwayCourt of Appeals for the Sixth Circuit · 1943
- B. & O. Highway Transp. Corp. v. Irving Trust Co.Court of Appeals for the Second Circuit · 1933
- Plymouth County Trust Co. v. MacDonaldCourt of Appeals for the First Circuit · 1931
- Bank of America Nat. Trust & Savings Ass'n v. TurnerCourt of Appeals for the Ninth Circuit · 1932
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