Legal Opinion
In the Matter of Kirchoff Frozen Foods, Inc. Barnet Dexter, Trustee-Appellant v. Frank H. Gilbert and Beverly L. Gilbert, Husband and Wife
Court of Appeals for the Ninth Circuit
Decided April 4, 1974No. 72-2234PublishedCited by 9 opinions
1Opinion of the Court
OPINION
MERRILL, Circuit Judge:
This case presents a single issue: whether the referee had, on these facts, summary jurisdiction over certain funds claimed by appellees Gilbert, which funds the referee ordered appellees to turn over to the trustee. Upon petition of the appellees the District Court reversed the referee’s order, finding lack of summary jurisdiction. It is this ruling which the trustee appeals. The opinion of the District Court appears at 375 F.Supp. 156 (D.Ariz.1972). The facts are fully set forth in that opinion.
The merits of the dispute over the funds present the questions…
2Cases cited5 opinions
- Katchen v. LandySupreme Court of the United States · 1966
- Cline v. KaplanSupreme Court of the United States · 1944
- S. A. Peters and Timber, Inc., of California v. Kal W. Lines, Trustee in Bankruptcy of the Estate of Snow Camp Logging Co., BankruptCourt of Appeals for the Ninth Circuit · 1960
- In Re EakinCourt of Appeals for the Second Circuit · 1946
- In Re Kirchoff Frozen Foods, Inc.District Court, D. Arizona · 1972
3Cited by9 opinions
- In Re Castlerock Properties, Debtor. Piombo Corporation, a California Corporation v. Castlerock Properties, a California Limited PartnershipCourt of Appeals for the Ninth Circuit · 1986
- Litton Systems, Inc. v. Frigitemp Corp. (In Re Frigitemp Corp.)District Court, S.D. New York · 1981
- In The Matter Of Federal Shopping Way, Inc.Court of Appeals for the Ninth Circuit · 1983
- Kamine/Besicorp Allegany, L.P. v. Rochester Gas & Electric Co. (In Re Kamine/Besicorp Allegany, L.P.)United States Bankruptcy Court, D. New Jersey · 1997
- In Re The Fabric Tree, Inc.Court of Appeals for the Second Circuit · 1977
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