A. F. Wark and Westmont National Bank v. John A. Spinuzzi, Receiver
Cases that cite this one
12 later published cases cite this decision. The 9 that cite it most often are listed here.
- SEC v. Timothy Barton (5th Cir. 2025)
- Acheron Capital, Ltd. v. Barry Mukamal (11th Cir. 2022)
- United States v. Beasley (5th Cir. 1977)
- Securities & Exchange Commission v. L.M.E. 2017 Family Trust (11th Cir. 2022)
- Netsphere, Inc. v. Jeffrey Baron (5th Cir. 2015)
- In re Grand Jury Proceedings (5th Cir. 1994)
- Federal Trade Commission v. Overseas Unlimited Agency, Inc. (9th Cir. 1989)
- Securities & Exchange Commission v. American Principals Holdings, Inc. v. Finalco, Incorporated, Claimant/real Party in Interest-Appellant (9th Cir. 1987)
- Securities & Exchange Commission v. Bartlett (8th Cir. 1970)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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.”
Under 28 U.S.C.A. § 1292(2) “[interlocutory 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.
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
Dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.