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McCLELLAND v. GREENBERG

No. 225.

142 F.2d 245 (1944)

McCLELLAND v. GREENBERG.

Circuit Court of Appeals, Second Circuit.

January 27, 1944.

Attorney(s) appearing for the Case

George G. Ernstand, Ernst, Gale, Bernays, Falk & Eisner, all of New York City (Abraham Friedman and George Etkin, both of New York City, of counsel), for appellant.

Samuel Schachter and Hiram S. Gans, both of New York City, for appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The facts leave no doubt that appellant had a very substantial, and not merely a colorable, adverse claim so that the bankruptcy court lacked power to entertain a summary proceeding against him.1 We could stop there. But so much time and expense have already been spent on this matter that (bearing in mind that bankruptcy proceedings, since they are administrative, are not wholly like ordinary litigation and that we...

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