IN RE MORRISSEY

No. 83-3052.

717 F.2d 100 (1983)

In re James M. MORRISSEY, Sr. t/d/b/a Energy Unlimited FRANK, Lawrence G., Trustee in Bankruptcy for Morrissey, James M., Sr. t/d/b/a Energy Unlimited, Appellant v. ARNOLD, Adam A. and Arnold, Catherine.

United States Court of Appeals, Third Circuit.

Decided September 15, 1983.

As Amended October 4, 1983.


Attorney(s) appearing for the Case

Lawrence G. Frank, Swartzkopf & Frank, P.C., Harrisburg, Pa., for appellant.

Loren A. Schrum, Egli, Reilly, Wolfson, Sheffey & Schrum, Lebanon, Pa., for appellees.

Before ALDISERT and WEIS, Circuit Judges, and RE, Chief Judge.


Submitted Under Third Circuit Rule 12(6), August 8, 1983.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal presents important substantive questions concerning the power of a trustee in bankruptcy to assume a debtor's executory land sale contract. Before these questions can be addressed, however, we must resolve a jurisdictional issue not raised by either party, to-wit: the ability of a district court, with the parties' consent, to refer...

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