History
  • No items yet
midpage
A. F. Wark and Westmont National Bank v. John A. Spinuzzi, Receiver
1967 U.S. App. LEXIS 6396
| 5th Cir. | 1967
|
Check Treatment

376 F.2d 827

A. F. WARK and Westmont National Bank, Appellants,
v.
John A. SPINUZZI, Receiver, Appellee.

No. 24098.

United States Court of Appeals Fifth Circuit.

May 12, 1967.

Ellis F. Morris, Houston, Tex., for appellants.

William Borrow, Bill Womble, Blanchette, Smith & Shelton, Golden, Burrow, Potts & Boeckman, Dallas, Tex., for appellee.

Before THORNBERRY, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

1

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."

2

Under 28 U.S.C.A. § 1292(2) "[i]nterlocutory 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.

3

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

4

Dismissed.

Case Details

Case Name: A. F. Wark and Westmont National Bank v. John A. Spinuzzi, Receiver
Court Name: Court of Appeals for the Fifth Circuit
Date Published: May 12, 1967
Citation: 1967 U.S. App. LEXIS 6396
Docket Number: 24098
Court Abbreviation: 5th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.