November 15, 1948.
Appeal from the United States District Court for the Southern District of California, Central Division; William C. Mathes, Judge.
Controversy between Peter Petersen and Clara Belle Petersen, husband and wife and Paul Sampsell, L. Boteler and McIntyre Faries, trustees in bankruptcy of the estate of Christ's Church of the Golden Rule, bankrupt, over ownership of certain property. From an order reversing referee's order and recommitting the matter to referee for further hearing, Peter Petersen and Clara Belle Petersen, husband and wife, appeal. On trustees' motion to dismiss appeal.
Howard B. Crittenden, Jr., of San Francisco, Cal., for appellants.
Gendel Chichester, of Los Angeles, Cal., for appellees.
Before MATHEWS and STEPHENS, Circuit Judges, and DRIVER, District Judge.
A California corporation called Christ's Church of the Golden Rule filed a petition proposing an arrangement under chapter 11 (§§ 301-399) of the Bankruptcy Act, 11 U.S.C.A. §§ 701-799, on November 1, 1945, filed a petition in bankruptcy on November 15, 1945, and was adjudged a bankrupt on November 19, 1945. The case was referred, and trustees were appointed.
See Petersen v. Christ's Church of the Golden Rule, 9 Cir., 170 F.2d 555.
A controversy arose between the trustees and appellants (Peter Petersen and Clara Belle Petersen, husband and wife) concerning property which appellants had in their possession. The trustees contended that the bankrupt owned the property on November 1, 1945, and November 15, 1945, and that therefore title thereto was vested in them. Appellants disputed the trustees' contentions and contended that they, appellants, owned the property on November 1, 1945, and at all times thereafter.
See § 70, sub. a of the Bankruptcy Act, 11 U.S.C.A. § 110, sub. a.
The trustees petitioned the court for a determination of the controversy. Appellants answered the petition, and a hearing was had before the referee. Thereafter the referee entered an order determining the controversy. On petition of appellants, the court (a judge thereof presiding) reviewed the referee's order and on April 19, 1948, entered an order which reversed and set aside the referee's order and recommitted the matter to the referee for further hearing. From the order of April 19, 1948, this appeal was taken.
The trustees have moved to dismiss the appeal on the ground that the order of April 19, 1948, was not appealable. Obviously, the order of April 19, 1948, was not a final order. It was not an order in proceedings in bankruptcy, either interlocutory or final. It was, instead, an interlocutory order in a controversy arising in proceedings in bankruptcy. Such an order is not appealable.
See § 24, sub. a of the Bankruptcy Act, 11 U.S.C.A. § 47, sub. a.
Goldie v. Carr, 9 Cir., 116 F.2d 335.
The motion is granted, and the appeal is dismissed.