CONTINENTAL CASUALTY COMPANY v. WHITE

No. 7875.

269 F.2d 213 (1959)

CONTINENTAL CASUALTY COMPANY, Appellant, v. P. B. WHITE, Trustee in Bankruptcy for Mechanical Engineering Corporation, Bankrupt, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 20, 1959.


Attorney(s) appearing for the Case

Spencer G. Gill, Jr., Norfolk, Va. (Rixey & Rixey, Norfolk, Va., on brief), for appellant.

William C. Worthington, Norfolk, Va. (Worthington, White & Harper, Norfolk, Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.


SOBELOFF, Chief Judge.

The question presented in this case is whether a bankruptcy court may, within its summary jurisdiction, adjudicate a cross-claim brought by a trustee in bankruptcy to recover a voidable preference from a creditor who has filed a claim against the bankrupt estate. The District Court affirmed the Referee in Bankruptcy in his refusal to grant the creditor's motion to dismiss the cross-claim. The issue here concerns only the jurisdiction of the...

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