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''Connecticut National Bank v. Germain'', , was a case in which the Supreme Court of the United States held that an interlocutory order of a district court, sitting as an appellate court in a bankruptcy case, is in turn reviewable by the court of appeals when authorized under 28 U.S.C. § 1292. Although the Justices were unanimous in deciding the specific statutory interpretation issue concerning bankruptcy appeals that the case presented, they disagreed on the extent to which it was appropriate to refer to the legislative history of the statute in resolving the case. == Background == In the United States, bankruptcy cases and many lawsuits involving a bankrupt party are heard by the United States Bankruptcy Court for the appropriate judicial district. Appeals from Bankruptcy Court decisions are ordinarily taken to the United States District Court for that district. Under Section 158(d) of title 28 of the United States Code, appeals from final judgments of the district courts in bankruptcy cases may be taken to the Court of Appeals for the circuit. However, Section 158(d) contained no provision for appeals from interlocutory, or non-final, District Court decisions in such cases. A separate provision of title 28, 28 U.S.C. § 1292, addresses appeals from the District Court to the Court of Appeals where a District Court's decision is interlocutory, that is, is not the final decision in the case. (Section 1292 deals with all federal civil cases, as opposed to section 158 which deals specifically with bankruptcy cases.) Ordinarily, in the federal system, only final judgments may be appealed from the District Court to the Court of Appeals, under 28 U.S.C. § 1291. Section 1292 creates limited exceptions to this rule, including appeals from orders granting or denying injunctions, or cases in which the District Court and the Court of Appeals grant special permission to appeal. In a bankruptcy case pending in Connecticut, a dispute arose as to whether the parties were entitled to a jury trial. The Bankruptcy Court ruled in favor of a jury trial, and on appeal, the District Court affirmed. The defendant, Connecticut National Bank, then sought to appeal this interlocutory ruling to the United States Court of Appeals for the Second Circuit, but that court held it had no jurisdiction and dismissed the appeal. The Supreme Court granted certiorari to resolve a dispute as to whether a District Court's interlocutory order on a bankruptcy appeal was appealable to the Court of Appeals in the circumstances authorized under section 1292. The case was argued by Janet C. Hall, now a federal judge in Connecticut, for the petitioner, and by bankruptcy trustee Thomas M. Germain for himself as respondent. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Connecticut National Bank v. Germain」の詳細全文を読む スポンサード リンク
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