A. F. Wark and Westmont National Bank v. John A. Spinuzzi, Receiver

Fifth Circuit

A. F. Wark and Westmont National Bank v. John A. Spinuzzi, Receiver

376 F.2d 827, 1967 U.S. App. LEXIS 6396

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 12, 1967

Docket24098

StatusPublished

Cited by12 cases

This text of 376 F.2d 827 (A. F. Wark and Westmont National Bank v. John A. Spinuzzi, Receiver) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A. F. Wark and Westmont National Bank v. John A. Spinuzzi, Receiver, 376 F.2d 827, 1967 U.S. App. LEXIS 6396 (5th Cir. 1967).

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Opinion

PER CURIAM:

This is an appeal from an order of the District Court requiring appellants to turn over certain bonds to the Receiver in a receivership proceeding. Under the order the Receiver is ordered to “maintain control and possession” of the bonds “until such time as any and all claims thereto shall have been presented to, and the respective rights and interests therein determined by this Court.”

Under 28 U.S.C.A. § 1292(2) “[interlocutory orders appointing receivers or refusing orders to wind up receiverships or to take steps to accomplish the purposes thereof, such as directing sales or other disposals of property * * *” are appealable.

This is not such an order nor is it a final decision within the contemplation of 28 U.S.C.A. § 1291. Cf. Garden Homes, Inc. v. United States, 1 Cir., 1952, 200 F.2d 299 and Waylyn Corporation v. Casalduc, 1 Cir., 219 F.2d 888. The appeal is therefore

Dismissed.

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PER CURIAM:

This is an appeal from an order of the District Court requiring appellants to turn over certain bonds to the Receiver in a receivership proceeding. Under the order the Receiver is ordered to “maintain control and possession” of the bonds “until such time as any and all claims thereto shall have been presented to, and the respective rights and interests therein determined by this Court.”

Under 28 U.S.C.A. § 1292(2) “[interlocutory orders appointing receivers or refusing orders to wind up receiverships or to take steps to accomplish the purposes thereof, such as directing sales or other disposals of property * * *” are appealable.

This is not such an order nor is it a final decision within the contemplation of 28 U.S.C.A. § 1291. Cf. Garden Homes, Inc. v. United States, 1 Cir., 1952, 200 F.2d 299 and Waylyn Corporation v. Casalduc, 1 Cir., 219 F.2d 888. The appeal is therefore

Dismissed.

Securities and Exchange Commission v. Ernest A. Bartlett, Jr., Joe Lee Anderson, E. M. Clem, Gaylord B. Roberson, Joe D. Jeryo, Nyle B. Oswalt, Afton A. Borum, Ralph C. Ingram, Pete Wells, Paul A. Michler, Leslie D. Humphrey, Lawrence T. Davis and Hoyt Borum, Securities and Exchange Commission v. Arkansas Loan and Thrift Corporation, an Arkansas Corporation United Loan and Investment Company, an Arkansas Corporation Savings Guaranty Corporation, an Arkansas Corporation Ernest A. Bartlett, Hoyt Borum, Afton Borum

422 F.2d 475 (Eighth Circuit, 1970)

Securities & Exchange Commission v. Bartlett

422 F.2d 475 (Eighth Circuit, 1970)

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Bluebook (online)

376 F.2d 827, 1967 U.S. App. LEXIS 6396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-f-wark-and-westmont-national-bank-v-john-a-spinuzzi-receiver-ca5-1967.

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