Bekins

Appellee, Lindsay-Strathmore Irrigation District, has moved to dismiss an appeal from an interlocutory decree which, in a proceeding under chapter 9 (§§ 81-84) of the Bankruptcy Act, 1 2confirmed a plan of composition and enjoined appellants, Milo W. Bekins and others, from commencing or continuing any suit against appellee on account of any indebtedness affected by the plan.

The ground of the motion is that the appeal was not taken within the time prescribed by law. The applicable law, appellee contends, is § 129 of the Judicial Code, 2 which prescribes, as the time within which an appeal from an interlocutory decree in equity may be taken, 30 days from the entry of such decree. The decree in this case was entered on March 11, 1939. The appeal was taken on April 18, 1939, 38 days after entry of the decree. Therefore, if this were an appeal from an interlocutory decree in equity, it would be too late.

But this is not an appeal from an interlocutory decree in equity. It is an appeal from an interlocutory decree in a proceeding under chapter 9 of the Bankruptcy Act. Section 25(a) of the Bankruptcy Act 3 provides: “Appeals under this Act [title] to the Circuit Courts of Appeals * *…