Buffum

The order sought to be reviewed by this appeal was made February 24, 1934, and is as follows: “Without determining the question of the amount for which the claim of Peter Barceloux Company should be allowed, it is ordered that the order of the referee rejecting said claim and amendment thereto be and the same is hereby overruled and the matter returned to the referee for further proceedings.”

Petition for appeal from this order was allowed by the District Court on March 12, 1934. The petition for the allowance of the appeal is predicated upon section 25, subd. (a) (3) of the National Bankruptcy Act, as amended by Act May 27, 1926, § 10 (11 USCA § 48 (a) (3). It is obvious that the order appealed from is not a judgment allowing the claim, and does not purport to be. It reverses an order rejecting the claim and refers the matter to the referee for the purpose of determining the amount to be allowed upon the claim. The amount of this claim when allowed will again be subject to review by the trial court. It is not a final order. Duryea Power Co., Bankrupt, v. Sternbergh, 218 U. S. 299 , 31 S. Ct. 25 , 54 L. Ed. 1047 . It is clear then that the allowance of this appeal by the District…