Legal Opinion

Perry v. Certificate Holders of Thrift Savings

Court of Appeals for the Ninth Circuit

Decided July 3, 1963No. 18251PublishedCited by 30 opinions

1Opinion of the Court

DUNIWAY, Circuit Judge.

In this hard case, we are asked to make what we consider to be bad law. We feel compelled to decline to do so. The problem arises from the bankruptcy of a corporation called Thrift Savings. It turned out that the name was a gross misdescription of the actual functioning of the corporation. It is an Arizona corporation, having an authorized capital stock of $60,000,000 divided into 6,000,000 voting shares of the par value of $10 each. Its purposes as stated in its articles of incorporation are to issue “book plan investment certificates,” to borrow money and pay interest…

2Cases cited17 opinions

  1. Hutchinson v. OtisSupreme Court of the United States · 1903
  2. Wilshire & West. Sandwiches v. Commissioner of Int. R.Court of Appeals for the Ninth Circuit · 1949
  3. Helvering v. Richmond, F. & P. R. Co.Court of Appeals for the Fourth Circuit · 1937
  4. J. J. Fyne, Trustee in Bankruptcy of the Estate of W. H. Calder Company, Inc., Bankrupt v. Atlas Supply CompanyCourt of Appeals for the Fourth Circuit · 1957
  5. Ebeling v. BobengCourt of Appeals for the Seventh Circuit · 1941

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3Cited by30 opinions

  1. In Re Franciscan Vineyards, Inc., Bankrupt. County of Napa v. Franciscan Vineyards, Inc., Appeal of William B. Grover, TrusteeCourt of Appeals for the Ninth Circuit · 1979
  2. Sun Basin Lumber Co., Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1970
  3. Levine v. First National Bank of Lincolnwood (In Re Evanston Motor Co.)District Court, N.D. Illinois · 1983
  4. 9 Collier bankr.cas.2d 699, Bankr. L. Rep. P 69,435 in Re Alexis M. Yermakov, Dba, Westerly Stud Farms, Debtor. Alexis M. Yermakov, Dba, Westerly Stud Farms v. Edward R. Fitzsimmons and Richard P. WeldonCourt of Appeals for the Ninth Circuit · 1983
  5. Dicker v. Dye (In Re Edelman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999

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