250
Opinion of the Court
an opinion concurring in the judgment, post, p. 255. O'Connor, J., filed an opinion concurring in the judgment, in which White and Blackmun, JJ., joined, post, p. 256.
Janet C. Hall argued the cause for petitioner. With her on the briefs were G. Eric Brunstad, Jr., and Linda L. Morkan.
Thomas M. Germain argued the cause and filed a brief for respondent.
Justice Thomas delivered the opinion of the Court. In this case, we determine the appealability of an interlocutory order issued by a district court sitting as a court of appeals in bankruptcy.
I
In 1984, O'Sullivan's Fuel Oil Co., Inc., filed a bankruptcy petition in the United States Bankruptcy Court for the District of Connecticut. Although the case began as a reorganization under Chapter 11 of the Bankruptcy Code, in 1986 the Bankruptcy Court converted it into a liquidation under Chapter 7. Petitioner Connecticut National Bank (CNB) is successor in interest to one of O'Sullivan's creditors. Respondent Thomas M. Germain is trustee of O'Sullivan's estate.
On June 1, 1987, Germain sued CNB in Connecticut state court, seeking to hold the bank liable for various torts and breaches of contract. CNB removed the suit to the United States District Court for the District of Connecticut, which, pursuant to local rule, automatically referred the proceeding to the Bankruptcy Court overseeing the liquidation. Ger-main then filed a demand for a jury trial. CNB moved to strike Germain's demand. The Bankruptcy Court denied CNB's motion, In re O'Sullivan's Fuel Oil Co., 103 B. R. 388 (Conn. 1989), and the District Court affirmed, Germain v. Connecticut Nat. Bank, 112 B. R. 57 (Conn. 1990).
CNB then tried to appeal to the Court of Appeals for the Second Circuit, but the court dismissed for lack of jurisdic-
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