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Hammerman v. Arlington Fed. Sav. Loan Ass'n

United States Court of Appeals, Fourth Circuit
Nov 10, 1967
385 F.2d 835 (4th Cir. 1967)

Opinion

No. 11663.

Argued November 6, 1967.

Decided November 10, 1967.

Fenton L. Martin, Baltimore, Md. (Frederick J. Singley, Jr., and Hinkley Singley, Baltimore, Md., on brief), for appellant.

David F. Albright, Baltimore, Md. (Bradley T.J. Mettee, Jr., and Semmes, Bowen Semmes, Baltimore, Md., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, MARVIN JONES, Senior Judge, and BUTZNER, Circuit Judge.

Sitting by designation.


While we think the District Court had jurisdiction to inquire into the matter, particularly to determine the bona fides of the partnership in which the bankrupt was a limited partner, we agree, for the reasons stated in the opinion of the District Court, filed on July 6, 1967, that the bankrupt's interest as a limited partner gave the bankruptcy court no power to administer real estate owned by the partnership or to enjoin its sale under foreclosure by the mortgagee.

In re Panitz Co., D.Md., 270 F. Supp. 448.

Affirmed.


Summaries of

Hammerman v. Arlington Fed. Sav. Loan Ass'n

United States Court of Appeals, Fourth Circuit
Nov 10, 1967
385 F.2d 835 (4th Cir. 1967)
Case details for

Hammerman v. Arlington Fed. Sav. Loan Ass'n

Case Details

Full title:I.H. HAMMERMAN, II, Trustee of Panitz Co., Inc., F.G. Enterprises, Inc.…

Court:United States Court of Appeals, Fourth Circuit

Date published: Nov 10, 1967

Citations

385 F.2d 835 (4th Cir. 1967)

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