Legal Opinion

In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving Company

Court of Appeals for the Ninth Circuit

Decided October 18, 1989No. 88-4157PublishedCited by 351 opinions

1Opinion of the Court

BEEZER, Circuit Judge:

Dan O’Rourke, as trustee for E.R. Fe-gert, Inc., appeals an affirmance by the Bankruptcy Appellate Panel of a summary judgment entered by the bankruptcy court in favor of defendants Coral Construction, Inc. and Shotwell Paving Company. O’Rourke sought avoidance of certain payments to the two companies as preferential payments. Seaboard Surety Company was joined as a third party and is an appellee in this appeal. The Bankruptcy Appellate Panel’s opinion is published at 88 B.R. 258. We have jurisdiction pursuant to 28 U.S.C. § 158, and we affirm.

I

In May of 1981, the United…

2Cases cited23 opinions

  1. Dandridge v. WilliamsSupreme Court of the United States · 1970
  2. Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
  3. In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
  4. Bankr. L. Rep. P 70,935 Vance L. Ragsdale v. John Frederick Haller AKA Fred HallerCourt of Appeals for the Ninth Circuit · 1986
  5. In the Matter of Missionary Baptist Foundation of America, Inc., Debtors. Robert B. Wilson, Trustee v. Robert G. HuffmanCourt of Appeals for the Fifth Circuit · 1983

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3Cited by351 opinions

  1. Archdiocese of Milwaukee Supporting Fund, Inc. v. Mercury Interactive Corp.Court of Appeals for the Ninth Circuit · 2010
  2. ASARCO, LLC v. Union Pacific RailroadCourt of Appeals for the Ninth Circuit · 2014
  3. Ecological Rights Foundation Mateel Environmental Justice Foundation v. Pacific Lumber CompanyCourt of Appeals for the Ninth Circuit · 2000
  4. Atwood v. Chase Manhattan Mortgage Co. (In Re Atwood)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  5. Whittaker Corporation Whittaker Controls, Inc. v. Execuair Corporation Execuair Sales Corporation David ManhanCourt of Appeals for the Ninth Circuit · 1992

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