PARKER v. WITTE

Nos. 3295-3297.

97 F.2d 461 (1938)

PARKER v. WITTE. LEONARD v. SAME et al. MONTGOMERY v. SAME. In re GORMAN-LEONARD COAL CO.

Circuit Court of Appeals, First Circuit.

June 10, 1938.


Attorney(s) appearing for the Case

John C. Coughlin, of Boston, Mass. (John VdeP. Phelan, and Parkman, Robbins, Coughlin & Hannan, all of Boston, Mass., on the brief), for Haven Parker, Trustee.

John M. Raymond, of Boston, Mass. (Frederic W. Hibbard, of Boston, Mass., on the brief), for Leonard and Montgomery.

Martin Witte, of Boston, Mass., pro se.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.


BINGHAM, Circuit Judge.

As the petition of the trustee for leave to appeal in No. 3295 was seasonably presented, we think it should be allowed. The order of the District Court affirming the orders of the Referee was a step or proceeding in bankruptcy and not a controversy in bankruptcy, as it only adjudged that the assets were duly sold to Witte for the sum of $3,310 and that the sale be confirmed. Blanke Mfg. & Supply Co. v. Craig, 8 Cir., 287 F. 345. Viewed...

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