IN RE CADILLAC BREWING CO.

No. 7784.

102 F.2d 369 (1939)

In re CADILLAC BREWING CO. BAITINGER et al. v. ADLER CONTRACTING CO. et al.

Circuit Court of Appeals, Sixth Circuit.

March 17, 1939.


Attorney(s) appearing for the Case

Nathan N. Kaplan, of Detroit, Mich. (Finkelston, Lovejoy & Kaplan and Benjamin W. Grant, all of Detroit, Mich., on the brief), for appellants.

Arthur J. Hass, of Detroit, Mich. (Arthur J. Hass and Miller, Bevan, Horwitz & DesRoches, all of Detroit, Mich., on the brief), for appellees.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.


SIMONS, Circuit Judge.

A court of bankruptcy is without jurisdiction to adjudicate in a summary proceeding a controversy over property held adversely to the bankrupt estate unless the adverse claimant consents or the claim be merely colorable, and a claim is not to be held merely colorable unless a preliminary inquiry shows that it is so unsubstantial and obviously insufficient, either in fact or law, as to be plainly without color or merit and a mere pretense. Harrison...

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