Legal Opinion

Town & Country Home Nursing Services, Inc. v. Blue Cross of California (In Re Town & Country Home Nursing Services, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 30, 1990No. BAP No. CC-88-1281 VMoP, Bankruptcy No. SA 85-02781 JR, Adv. No. SA 85-0627 JRPublishedCited by 25 opinions

1Opinion of the Court

OPINION

VOLINN, Bankruptcy Judge:

OVERVIEW

Appellant/debtor Town & Country Home Nursing Services, Inc. (“Town & Country”) commenced an adversary proceeding asserting various claims for relief against defendants/appellees Blue Cross of California and Blue Cross of America (jointly referred to as “Blue Cross”), Health Care Financing Administration (“HCFA”), and the Secretary of Health and Human Services (“Secretary”). Town & Country appeals the bankruptcy court’s dismissal of two of its claims for relief, which the bankruptcy court dismissed based on the sovereign immunity doctrine. We reverse and…

2Cases cited26 opinions

  1. United States v. SherwoodSupreme Court of the United States · 1941
  2. United States v. MitchellSupreme Court of the United States · 1980
  3. United States v. KingSupreme Court of the United States · 1969
  4. Ruckelshaus v. Sierra ClubSupreme Court of the United States · 1983
  5. Blackmar v. GuerreSupreme Court of the United States · 1952

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3Cited by25 opinions

  1. In Re Town & Country Home Nursing Services, Inc.Court of Appeals for the Ninth Circuit · 1992
  2. United States v. Bulson (In Re Bulson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  3. United States v. Germaine (In Re Germaine)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
  4. Posey v. United States Department of the Treasury-Internal Revenue ServiceDistrict Court, W.D. New York · 1993
  5. Sullivan v. Hiser (In Re St. Mary Hospital)District Court, E.D. Pennsylvania · 1991

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