Williams Holding Co. v. Pennell

HUTCHESON, Circuit Judge.

This is an appeal from an ex parte order appointing temporary receivers. Appellee has filed a motion to dismiss the appeal. His ground is that the order appointing receivers ex parte, and not after hearing, was not an appealable one.

Appellants, on the authority of our case, Marion Mortg; Co. v. Edmunds, 64 F.(2d) 248, insist that though entered ex parte, the order was not a mere preliminary, nonappealable one, but one which makes no provision for a specific time and place for a hearing and does not provide that it is to continue in force until the time set, and is…