William O. Douglas

“ An order of the bankruptcy court vacating a restraining order against prosecution of a suit in a state court is, like a stay order itself, a proceeding in bankruptcy. See Harrison Securities Co. v. Spinks Realty Co., 9 Cir., 92 F.2d 904 ”

“ Petitioner filed an involuntary petition in bankruptcy against respondent who answered denying the allegations of the petition. Prior to adjudication, the bankruptcy court entered an ex parte order on petition of the same creditor restraining the prosecution by respondent or its agents of a suit in the Illinois state courts on a claim against one Fisher in which suit, it was alleged, Fisher had filed counterclaims which would exceed the amount of the respondent's claim. ”

“ Nor does it appear from the record which is before us that the issue is moot. We intimate no opinion on the merits. The judgment is reversed and the cause remanded to the Circuit Court of Appeals for proceedings in conformity with this opinion. ”