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Capitol Credit Plan of Tennessee, Inc. v. Shaffer

Court of Appeals for the Fourth Circuit

Decided September 10, 1990No. Nos. 88-2877, 89-2726PublishedCited by 8 opinions

1Opinion of the Court

DONALD RUSSELL, Circuit Judge:

In this case, we consider the jurisdiction of the circuit courts to hear appeals in bankruptcy cases. We hold that when a *750bankruptcy case has been tried in bankruptcy court and has been appealed to the district court, it may only be appealed further to the circuit court when the district court’s ruling was a final decision. In this instance, since the district court remanded the case to the bankruptcy court for further consideration, the decision was not final. Thus, we do not have subject matter jurisdiction to hear this appeal, and the appeal is dismissed.

I

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2Cases cited12 opinions

  1. Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
  2. A.H. Robins Co. v. PiccininCourt of Appeals for the Fourth Circuit · 1986
  3. In Re Jartran, Inc., Debtor. Fruehauf Corporation v. Jartran, Inc.Court of Appeals for the Seventh Circuit · 1989
  4. Kelley v. NodineCourt of Appeals for the Sixth Circuit · 1986
  5. Browning v. NavarroCourt of Appeals for the Fifth Circuit · 1989

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3Cited by8 opinions

  1. In Re G.S.F. CORPORATION, Debtor, Chase Commercial Corporation, AppellantCourt of Appeals for the First Circuit · 1991
  2. In Re HornesUnited States Bankruptcy Court, D. Connecticut · 1993
  3. In the Matter of Francisco Lopez, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1997
  4. In Re: The Wallace & Gale Company, Debtor. Legal Representative for Future v. Aetna Casualty & Surety Company, and the Wallace & Gale Company, in Re: The Wallace & Gale Company, Debtor. Asbestos v. Aetna Casualty & Surety Company, and the Wallace & Gale Company, St. Paul Fire & Marine Insurance Company, Party in Interest. In Re: The Wallace & Gale Company, Debtor. Asbestos v. St. Paul Fire & Marine Insurance Company, and the Wallace & Gale Company, Aetna Casualty & Surety Company, Party in InterestCourt of Appeals for the Fourth Circuit · 1995
  5. Germain v. Connecticut National BankCourt of Appeals for the Second Circuit · 1991

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