THEARD v. FIDELITY & DEPOSIT CO. OF MARYLAND

No. 14326.

202 F.2d 880 (1953)

THEARD v. FIDELITY & DEPOSIT CO. OF MARYLAND et al.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 6, 1953.


Attorney(s) appearing for the Case

E. A. Parsons, New Orleans, La., for appellant.

Blake West, New Orleans, La., Phelps, Dunbar, Marks & Claverie, New Orleans, La., for appellees.

Before HUTCHESON, Chief Judge, and STRUM and RIVES, Circuit Judges.


RIVES, Circuit Judge.

This appeal is from an order denying the appellant's motion to dismiss a petition in involuntary bankruptcy. The appellee in turn moves to dismiss the appeal insisting that the order is not appealable because it is interlocutory and discretionary in nature; and appellees' motion is the first question for consideration.

The order appealed from is one issued in "proceedings in bankruptcy" and is not an order issued "in controversies arising...

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