Columbia Gas & Elec. Corp. v. American Fuel & Power Co., 322 U.S. 379 (1944)

Columbia Gas & Elec. Corp. v. American Fuel & Power Co.

No. 814

Decided May 22, 1944
322 U.S. 379

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE EASTERN DISTRICT OF KENTUCKY

Syllabus

1. Though a court of bankruptcy possesses and may exercise equity powers in the disposition of suits in bankruptcy, a bankruptcy proceeding is not itself a suit in equity, either by statutory definition or in common understanding. P. 383.

2. The present bankruptcy proceeding brought by private suitors was not one "wherein the United States is complainant;" it was not brought under the antitrust laws of the United States, and the intervention of the United States did not so alter the proceeding as to make it a suit in equity within the meaning of § 2 of the Expediting Act. Consequently an appeal to this Court from an order of the District Court rejecting appellant’s claims is not authorized by the Expediting Act, and the appeal is therefore dismissed. P. 383.

3. Since the appellant has taken an appeal also to the Circuit Court of Appeals, this Court need not exercise its supervisory power to vacate the judgment below in order to permit a proper appeal to be taken. P. 384.

Dismissed.

Appeal from an order of the District Court rejecting appellant’s claims in a bankruptcy proceeding in which the United States had intervened.