Legal Opinion

Billingsley v. Neary (In Re Enerco, Inc.)

United States Bankruptcy Court, N.D. Texas

Decided October 22, 1984No. 19-40883PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION

ROBERT C. McGUIRE, Bankruptcy Judge.

The issue in this case is whether a party that allegedly failed to receive notice of a judgment may be relieved from that judgment under F.R.Civ.P. 60(b), as incorporated by Bankruptcy Rule 9024, after the time for appeal has passed. I hold that in this case no such relief can be granted and the appeal must therefore be dismissed for lack of jurisdiction.

In this adversary proceeding, Billingsley and Billingsley Engineering Company (“plaintiffs”) filed a complaint for reclamation seeking the assignment of certain interests in oil and gas…

2Cases cited13 opinions

  1. Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
  2. United States v. RobinsonSupreme Court of the United States · 1960
  3. Tyrone SILAS, Plaintiff-Appellant, v. SEARS, ROEBUCK & COMPANY, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1978
  4. Fidelity and Deposit Company of Maryland v. Usaform Hail Pool, Inc., Etc.Court of Appeals for the Fifth Circuit · 1975
  5. John Curtis Smith, Plaintiffs-Appellants-Cross v. Jackson Tool & Die, Inc., Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1970

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3Cited by5 opinions

  1. In Re MayhewDistrict Court, D. Rhode Island · 1998
  2. Rainey v. Davenport (In Re Davenport)United States Bankruptcy Court, S.D. Texas · 2006
  3. Matter of Futuronics Corp.United States Bankruptcy Court, S.D. New York · 1985
  4. In re Heartland Memorial Hospital, LLCUnited States Bankruptcy Court, N.D. Indiana · 2012
  5. In re LaxsonUnited States Bankruptcy Court, N.D. Texas · 1994

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