Supreme Court of the United States

Union Joint Stock Land Bank of Detroit v. Byerly — Black, J., dissenting

April 22, 1940310 U.S. 1

Summary

Justice Black, joined by Justices Douglas and Murphy, dissents, arguing that dismissing the farmer’s bankruptcy petition should not strip him of the benefits of the amended Frazier‑Lemke Act and that reinstatement is proper during the appeal period. The dissent maintains that the dismissal does not terminate the proceeding, that a state‑court foreclosure after dismissal does not divest the bankruptcy court of jurisdiction, and that the bankruptcy court may reconsider the case on its merits.

Docket 579