Taylor v. Sternberg, 293 U.S. 470 (1935)

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Taylor v. Sternberg


No. 261


Argued December 14, 1934
Decided January 7, 1935 *
293 U.S. 470

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT

Syllabus

1. After the filing of a petition in bankruptcy against corporation in the federal district court, a state court is without jurisdiction to make an order fixing the compensation of a receiver and his attorney theretofore appointed by it. P. 472.

2. In respect of sums thus erroneously awarded to and retained by the receiver and his attorney, they are not "adverse" claimants, and the bankruptcy court has authority to compel them to turn over the same by summary proceeding and order. P. 473.

71 F.2d 157 affirmed.

Certiorari to review a judgment affirming a judgment of the District Court, sitting in bankruptcy, which affirmed an order of the referee granting the trustee’s application for a turnover order.