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FINKELSTEIN v. KEITH FABRICS, INC.

No. 17957.

278 F.2d 635 (1960)

Hyman B. FINKELSTEIN, Samuel Finkelstein and Rifkin and Scharf Corp., Appellants, v. KEITH FABRICS, INC., d/b/a Mae Fabrics, Alleged Bankrupt, Appellee.

United States Court of Appeals Fifth Circuit.

May 23, 1960.

Attorney(s) appearing for the Case

George F. Meister, John A. Fitzsimmons, Miami, Fla., Smathers, Thompson & Dyer, Miami, Fla., of counsel, for appellants.

Albert I. Gordon, Tampa, Fla., Irwin S. Gars, Miami, Fla., for appellee.

Before HUTCHESON, BROWN and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

The principal question presented is whether the posting of a bond under § 69 of the Bankruptcy Act is essental to give rise to a liability for costs, attorney fees and damages and vest the Bankruptcy Court with summary jurisdiction to hear and determine the demand against petitioning creditors for the wrongful appointment of a receiver. Brought here as an appeal from an order of the District Court denying a petition to allow the...

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