CARNEY v. SANDERS

No. 23688.

381 F.2d 300 (1967)

Robert D. CARNEY, Appellant, v. Walter D. SANDERS, Trustee in Bankruptcy of the Atlanta Times, Inc., Bankrupt, Appellee.

United States Court of Appeals Fifth Circuit.

August 8, 1967.


Attorney(s) appearing for the Case

Walter G. Cooper, Atlanta, Ga., for appellant.

B. D. Murphy, F. T. Davis, Jr., Wayne Shortridge, Atlanta, Ga., for appellee.

Before BROWN, Chief Judge, BELL, Circuit Judge, and BREWSTER, District Judge.


BREWSTER, District Judge:

This case presents the question of whether the referee in bankruptcy had summary jurisdicton of certain funds deposited in the registry of a state court in an interpleader action prior to the commencement of the bankruptcy proceeding. We disagree with the action of the trial court in upholding such summary jurisdiction.

The appellant was happily and securely employed as an advertising representative when he was offered the position...

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