Diaz v. Crom

Fifth Circuit

Diaz v. Crom

195 F.2d 517

Court of Appeals for the Fifth Circuit·Decided May 6, 1952·No. 13854_1·Published·Cited by 3 cases

Opinion

PER CURIAM.

This is an appeal from an order denying the defendant’s motion for summary judgment in a plenary suit brought by a trustee in bankruptcy to recover certain described assets which are alleged to belong to the estate of the bankrupt. It is not a final order and therefore is not appealable. Our appellate jurisdiction in plenary suits in the District Court is derived from 28 U.S.C.A. §§ 1291, 1292. It is limited to review of final decisions, except as otherwise therein specified. The order before us is not within the exceptions. Consequently, the appeal must be and the same hereby is dismissed on the authority of In re Finkelstein, 2 Cir., 102 F.2d 688.

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PER CURIAM.

This is an appeal from an order denying the defendant’s motion for summary judgment in a plenary suit brought by a trustee in bankruptcy to recover certain described assets which are alleged to belong to the estate of the bankrupt. It is not a final order and therefore is not appealable. Our appellate jurisdiction in plenary suits in the District Court is derived from 28 U.S.C.A. §§ 1291, 1292. It is limited to review of final decisions, except as otherwise therein specified. The order before us is not within the exceptions. Consequently, the appeal must be and the same hereby is dismissed on the authority of In re Finkelstein, 2 Cir., 102 F.2d 688.

Diaz v. Crom, 195 F.2d 517 (5th Cir. 1952).

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Opinion

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