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GILL v. PHILLIPS

No. 20780.

337 F.2d 258 (1964)

Ned GILL, Appellant, v. H. A. PHILLIPS, Trustee of Tinney Produce Company, Inc., Bankrupt, Appellee.

United States Court of Appeals Fifth Circuit.

October 15, 1964.

Attorney(s) appearing for the Case

Bennett B. Patterson, Houston, Tex., for appellant.

Thad Grundy, Houston Tex., for appellee.

Before TUTTLE, Chief Judge, and HUTCHESON and GEWIN, Circuit Judges.

GEWIN, Circuit Judge.

This interlocutory appeal, which was filed pursuant to 28 U.S.C.A. § 1292(b), presents for our determination the difficult question whether, under the facts and in the circumstances before us, the appellant Ned Gill impliedly consented to the summary jurisdiction of the Referee in Bankruptcy to cancel and set aside certain allegedly fraudulent or preferential transfers made to Gill by the bankrupt, Tinney Produce Company, Inc.

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