MATTER OF BEN HYMAN & CO., INC.

No. 76-4420.

577 F.2d 966 (1978)

In the Matter of BEN HYMAN & CO., INC., Bankrupt. BEN HYMAN & CO., INC., Plaintiff-Appellant, v. The FULTON NATIONAL BANK, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 7, 1978.


Attorney(s) appearing for the Case

Morton P. Levine, Craig J. Rabiner, Homer S. Mullins, Atlanta, Ga., for plaintiff-appellant.

Alfred S. Lurey, Atlanta, Ga., for defendant-appellee.

Before WISDOM, GOLDBERG and RUBIN, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The bankrupt debtor, Ben Hyman, appeals an order of the district court remanding this case to the bankruptcy court for a determination whether one of its creditors, Fulton National Bank, was entitled to exercise a right of set-off in the pending bankruptcy proceedings. Because this appeal is taken from an interlocutory order, we refuse to entertain it.

On August 11, 1975, the bankrupt filed its initial petition seeking reorganization...

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