Ned Gill v. H. A. Phillips, Trustee of Tinney Produce Company, Inc., Bankrupt

GEWIN, Circuit Judge.

This interlocutory appeal, which was filed pursuant to 28 U.S.C.A. § 1292(b), presents for our determination the difficult question whether, under the facts .and in the circumstances before us, the appellant Ned Gill impliedly consented to the summary jurisdiction of the Referee in Bankruptcy to cancel and set aside •certain allegedly fraudulent or preferential transfers made to Gill by the bankrupt, Tinney Produce Company, Inc. 1 Since we do not agree with the District Court that the findings of the referee .support a conclusion that Gill’s actions constituted a consent…