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Columbia Gas & Elec. Corp. v. American Fuel & Power Co., 322 U.S. 379 (1944)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Columbia Gas & Elec. Corp. v. American Fuel & Power Co., 322 U.S. 379 (1944) in 322 U.S. 379 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=TNFN1RU54XE3EK4.
MLA:
U.S. Supreme Court. "Syllabus." Columbia Gas & Elec. Corp. v. American Fuel & Power Co., 322 U.S. 379 (1944), in 322 U.S. 379, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=TNFN1RU54XE3EK4.
Harvard:
U.S. Supreme Court, 'Syllabus' in Columbia Gas & Elec. Corp. v. American Fuel & Power Co., 322 U.S. 379 (1944). cited in 1944, 322 U.S. 379. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=TNFN1RU54XE3EK4.
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