ATLANTA FLOORING & INSULATION CO. v. RUSSELL

No. 11110.

146 F.2d 884 (1945)

ATLANTA FLOORING & INSULATION CO., Inc., et al. v. RUSSELL.

Circuit Court of Appeals, Fifth Circuit.

January 30, 1945.


Attorney(s) appearing for the Case

William A. Fuller, Clifford R. Wheeless, and Oliver C. Hancock, all of Atlanta, Ga., for appellants.

Benton E. Gaines and Jos. J. Fine, both of Atlanta, Ga., for appellees.

Before HOLMES, WALLER, and LEE, Circuit Judges.


HOLMES, Circuit Judge.

On this and the preceding appeal, we were given very narrow issues to decide, and in each the record contained only the facts necessary to determine the specific issue presented. In deference to the petition for rehearing, we shall attempt to clarify our opinion.

Summary jurisdiction may not be exercised to determine adverse claims to property not in the actual or constructive possession of the bankrupt at the time the petition in bankruptcy...

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