IN THE MATTER OF IRA HAUPT & CO., A LIMITED PARTNERSHIP, BANKRUPT. EGON H. OTTINGER, HENRY SCHLENGER, GEORGE LEWIS, BERNARD KLEBANOW, MICHAEL SLOAN, GLADYS KNAPP AND HAROLD L. MARANTZ, KENNETH ALAN MARANTZ AND EDITH LEE MARANTZ, AS EXECUTORS OF THE ESTATE OF CHARLES MARANTZ, APPELLANTS,
v.
CHARLES SELIGSON, AS TRUSTEE IN BANKRUPTCY OF IRA HAUPT & CO., AND JAMES P. MAHONY, APPELLEES
IN THE MATTER OF IRA HAUPT & CO., A LIMITED PARTNERSHIP, BANKRUPT. EGON H. OTTINGER, HENRY SCHLENGER, GEORGE LEWIS, BERNARD KLEBANOW, MICHAEL SLOAN, GLADYS KNAPP AND HAROLD L. MARANTZ, KENNETH ALAN MARANTZ AND EDITH LEE MARANTZ, AS EXECUTORS OF THE ESTATE OF CHARLES MARANTZ, APPELLANTS,
CHARLES SELIGSON, AS TRUSTEE IN BANKRUPTCY OF IRA HAUPT & CO., AND JAMES P. MAHONY, APPELLEES
405 F.2d 493
United States Court of Appeals for the Second Circuit (1968)
Caution
Cited by 4 cases
Opinion of the Court
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.
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United States v. Myers, 451 F.2d 402 (9th Cir. 1972)
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Goldstein v. Andresen & Co., 465 F.2d 972 (5th Cir. 1972)