Ottinger v. Seligson

Full title: In the Matter of IRA HAUPT CO., a Limited Partnership, Bankrupt. Egon H…

Court: United States Court of Appeals, Second Circuit

Date published: Dec 17, 1968

405 F.2d 493 (2d Cir. 1968)

Opinion

Docket 32638-44.

Argued December 16, 1968.

Decided December 17, 1968.

Rosenman, Colin, Kaye, Petschek, Freund Emil, New York City, for appellants.

Seligson Morris, New York City, for trustee-appellee.

Milbank, Tweed, Hadley McCloy, New York City, for appellee James P. Mahony.

Before KAUFMAN, ANDERSON and FEINBERG,^_ Circuit Judges.

_ Feinberg, J., did not participate. The parties agreed to proceed before the two other judges of the panel.

PER CURIAM:

The motions of the Trustee and the Liquidator to dismiss the appeal are granted. Judge Tyler's order remanding to the Referee for further hearings the question of the sufficiency of the Liquidator's accounting is an interlocutory order concerning "[a controversy] arising in proceedings in bankruptcy," which is not appealable under 11 U.S.C. § 47(a). Moreover, the appellants are not aggrieved by the denial of their request for an order requiring the New York Stock Exchange and the creditor Banks to submit an accounting, since the denial was without prejudice to their making a formal application for such relief in the future.