United States Supreme Court Cases & Opinions

U.S. Supreme Court

In re 620 Church Street Building Corp., 299 U.S. 24 (1936)

In re 620 Church Street Building Corp.

No. 271

Argued October 23, 1936

Decided November 9, 1936

299 U.S. 24

Syllabus

1. A judgment of the Circuit Court of Appeals declining jurisdiction of an appeal from an order of the District Court confirming a plan of reorganization under § 77B of the Bankruptcy Act held reviewable by certiorari under § 262 of the Judicial Code. P. 299 U. S. 26.

2. Section 262, Jud.Code, permits the employment of the writ of certiorari in cases not covered by § 240 and affords ample authority for using the writ as an auxiliary process and as a means of giving full force and effect to existing appellate authority and of furthering justice in other kindred ways. Id.

3. In reorganization proceedings under § 77B of the Bankruptcy Act, only claims having some value are entitled to "adequate protection." P. 299 U. S. 27.

4. If no substantial question of law is presented, a refusal by the Circuit Court of Appeals to allow an appeal from an order confirming a plan of reorganization under § 77B, supra, is not an abuse of discretion. Id.

5. A constitutional argument with no showing of injury is unavailing. Id.

81 F.2d 463 affirmed.

Page 299 U. S. 25

Certiorari to review an order of the Circuit Court of Appeals which denied leave to appeal from an order confirming a plan of reorganization under § 77B of the Bankruptcy Act.