St. Louis Can Co. v. General American Life Ins. Co.
| Decision Date | 25 April 1935 |
| Docket Number | No. 10188.,10188. |
| Parties | ST. LOUIS CAN CO. v. GENERAL AMERICAN LIFE INS. CO. et al. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Samuel H. Liberman, of St. Louis, Mo. (T. M. Pierce, of St. Louis, Mo., and E. H. Miller, of Jefferson City, Mo., on the brief), for appellant.
Earl F. Nelson, of St. Louis, Mo. (Fred L. Williams, Fred L. English, Irvin H. Gamble, Fred J. West, Max W. Kramer, and Nagel, Kirby, Orrick & Shepley, all of St. Louis, Mo., on the brief), for appellees.
Before GARDNER, WOODROUGH, and VAN VALKENBURGH, Circuit Judges.
The St. Louis Can Company filed its petition seeking reorganization under section 77B of the Bankruptcy Act (11 USCA § 207), and the district judge, having examined the same and being satisfied that it had been filed in good faith, ordered that it be approved. Thereafter five creditors, having provable claims against the debtor of more than $1,000 in excess of the value of securities held by them, filed their answer and application for dismissal of the petition. Hearing was had, and the court set aside and vacated the order approving the debtor's petition, and dismissed the proceedings at the cost of the debtor. The debtor petitioned this court for an appeal, which was denied. Having obtained an order in the District Court allowing appeal, the debtor now seeks to have the order reviewed and reversed. The creditors move this court to dismiss the attempted appeal on the grounds: (1) That the order of the District Court was not a "controversy in bankruptcy" from which an appeal might be allowed under the provisions of section 24a of the Bankruptcy Act, as amended by Act May 27, 1926, 11 USCA § 47 (a); (2) that the order was not "a judgment refusing to adjudicate the defendant a bankrupt" appealable under section 25a of the Bankruptcy Act, as amended by Act May 27, 1926, 11 USCA § 48 (a).
This court has considered the question of appeals taken from orders entered in proceedings under section 77B in Credit Alliance Corporation v. Atlantic, Pacific & Gulf Refining Co., 77 F.(2d) 595, and Vitagraph, Inc., v. St. Louis Properties Corporation, 77 F.(2d) 590, this day decided. Particularly in Credit Alliance Corporation v. Atlantic, Pacific & Gulf Refining Co., where the trial court, after hearing, denied a creditor's petition to vacate an order approving the petition of a debtor under section 77B and overruled a creditor's motion to dismiss the proceedings, we held that the orders were only appealable under section 24b, as amended by Act May 27, 1926, 11 USCA § 47 (b), as "proceedings in bankruptcy" which this court has jurisdiction to superintend and revise in matter of law upon appeal to be allowed in the discretion of the appellate court. We think the orders of the District Court here presented are of exactly the same nature as were the orders which we considered in that case.
There the creditors were unsuccessful in the District Court in...
To continue reading
Request your trial
-
MEYER V. KENMORE GRANVILLE HOTEL CO.
...JUSTICE STONE delivered the opinion of the Court. Certiorari was granted in these cases as companion cases to St. Louis Can Co. v. General American Life Insurance Co., 77 F.2d 598, in which certiorari was granted on the same day, to resolve questions as to the mode of appeal from certain or......