I. H. Hammerman, Ii, Trustee of Panitz & Co., Inc., F. G. Enterprises, Inc., Joppa Farms, Inc., and P. & R. Service and Supply, Inc., Debtors, Appellant, v. Arlington Federal Savings & Loan Association, Appellee, 385 F.2d 835 (4th Cir. 1967)

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U.S. Court of Appeals for the Fourth Circuit - 385 F.2d 835 (4th Cir. 1967) Argued November 6, 1967
Decided November 10, 1967

Fenton L. Martin, Baltimore, Md. (Frederick J. Singley, Jr., and Hinkley & Singley, Baltimore, Md., on brief), for appellant.

David F. Albright, Baltimore, Md. (Bradley T. J. Mettee, Jr., and Semmes, Bowen & Semmes, Baltimore, Md., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, MARVIN JONES,*  Senior Judge, and BUTZNER, Circuit Judge.

PER CURIAM:


While we think the District Court had jurisdiction to inquire into the matter, particularly to determine the bona fides of the partnership in which the bankrupt was a limited partner, we agree, for the reasons stated in the opinion of the District Court, filed on July 6, 1967,1  that the bankrupt's interest as a limited partner gave the bankruptcy court no power to administer real estate owned by the partnership or to enjoin its sale under foreclosure by the mortgagee.

Affirmed.

 *

Sitting by designation

 1

In re Panitz & Co., D. Md., 270 F. Supp. 448