Legal Opinion
Marcus v. Sam T. Davis Farms, Inc.
Court of Appeals for the Eighth Circuit
Decided June 28, 1982No. 81-2256PublishedCited by 1 opinion
1Opinion of the Court
STEPHENSON, Senior Circuit Judge.
The successor trustee in bankruptcy of the estate of Donald Glenn Dahlberg and Sharon Lee Dahlberg appeals the district court’s1 dismissal of his complaint for recovery of a $20,000 down payment made by the bankrupts on a farm. The court found that the complaint explicitly alleged recovery pursuant to 11 U.S.C. § 96 (1970) (section 60 of the pre-1978 Bankruptcy Act) and that the two-year statute of limitations barred the present suit. The trustee appeals arguing that the district court also should have construed the case to be filed under 11 U.S.C. § 110(a)…
2Cases cited3 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Herget v. Central National Bank & Trust Co.Supreme Court of the United States · 1945
- George Feldman, as Trustee in Bankruptcy of Leasing Consultants, Incorporated, Bankrupt v. First National City BankCourt of Appeals for the First Circuit · 1975
3Cited by1 opinion
- In Re DahlbergCourt of Appeals for the Eighth Circuit · 1982