16

KATCHEN v. LANDY.

prescribed. See *Alexander v. Hillman*, 296 U. S. 222, 243. Both *Beacon* and *Dairy Queen* recognize that there might be situations in which the Court could proceed to resolve the equitable claim first even though the results might be dispositive of the issues involved in the legal claim. To implement congressional intent, we think it essential to hold that the bankruptcy court may summarily adjudicate the § 57 (g) objection; and, as we have held above, the power to adjudicate the objection carries with it the power to order surrender of the preference.

*Affirmed.*

MR. JUSTICE BLACK and MR. JUSTICE DOUGLAS dissent for the reasons stated in the dissenting opinion of Judge Phillips in the Court of Appeals.