Vaughan v. Petroleum Conversion Corp.

Second Circuit

Vaughan v. Petroleum Conversion Corp.

211 F.2d 499, 1954 U.S. App. LEXIS 3874

CourtCourt of Appeals for the Second Circuit

DecidedMarch 24, 1954

Docket191, Docket 22963

StatusPublished

Cited by2 cases

This text of 211 F.2d 499 (Vaughan v. Petroleum Conversion Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vaughan v. Petroleum Conversion Corp., 211 F.2d 499, 1954 U.S. App. LEXIS 3874 (2d Cir. 1954).

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Opinion

PER CURIAM.

In his opinion, District Judge Smith has carefully considered the various procedural and substantive problems raised by the plaintiff’s attempt to secure relief under F.R. 60(b) against an adverse judgment of a bankruptcy court in Delaware registered in the court below pursuant to 28 U.S.C. § 1963; we see little to add. Without considering various difficulties of procedure which may stand in the way of the relief sought, it will suffice to say that no issue of jurisdiction, and hence as to the validity of the judgment, survives the careful findings of waiver and consent to the summary jurisdiction of the bankruptcy court made by the United States District Court for the District of Delaware, In re Petroleum Conversion Corp., D.C.Del., 99 F. Supp. 899, and affirmed on appeal, 3 Cir., 196 F.2d 728, certiorari denied Vaughan v. Petroleum Conversion Corp., 344 U.S. 917, 73 S.Ct. 346, 97 L.Ed. 707. See Cline v. Kaplan, 323 U.S. 97, 100, 65 S.Ct. 155, 89 L.Ed. 97; Bankruptcy Act § 2, sub. a(7), 11 U.S.C.A. § 11, sub. a(7), as amended in 1952, and § 23, süb. b, 11 U.S.C. § 46, sub. b; F.R. 12(h); 2 Collier on Bankruptcy 1J23.08 (14th Ed. 1940) and id. 49-51 (1953 Cum.Supp.),.

Judgment affirmed.

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PER CURIAM.

In his opinion, District Judge Smith has carefully considered the various procedural and substantive problems raised by the plaintiff’s attempt to secure relief under F.R. 60(b) against an adverse judgment of a bankruptcy court in Delaware registered in the court below pursuant to 28 U.S.C. § 1963; we see little to add. Without considering various difficulties of procedure which may stand in the way of the relief sought, it will suffice to say that no issue of jurisdiction, and hence as to the validity of the judgment, survives the careful findings of waiver and consent to the summary jurisdiction of the bankruptcy court made by the United States District Court for the District of Delaware, In re Petroleum Conversion Corp., D.C.Del., 99 F. Supp. 899, and affirmed on appeal, 3 Cir., 196 F.2d 728, certiorari denied Vaughan v. Petroleum Conversion Corp., 344 U.S. 917, 73 S.Ct. 346, 97 L.Ed. 707. See Cline v. Kaplan, 323 U.S. 97, 100, 65 S.Ct. 155, 89 L.Ed. 97; Bankruptcy Act § 2, sub. a(7), 11 U.S.C.A. § 11, sub. a(7), as amended in 1952, and § 23, süb. b, 11 U.S.C. § 46, sub. b; F.R. 12(h); 2 Collier on Bankruptcy 1J23.08 (14th Ed. 1940) and id. 49-51 (1953 Cum.Supp.),.

Judgment affirmed.

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211 F.2d 499, 1954 U.S. App. LEXIS 3874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vaughan-v-petroleum-conversion-corp-ca2-1954.

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