Legal Opinion

In Re Mammoth Mart, Inc., Debtor. Stanley Cramer v. Mammoth Mart, Inc.

Court of Appeals for the First Circuit

Decided June 18, 1976No. 76-1055PublishedCited by 393 opinions

1Opinion of the Court

COFFIN, Chief Judge.

The sole issue in this appeal is whether a severance pay claim, which is determined by the length of a former employee’s service with a bankrupt company and which arises from a discharge during a Chapter XI proceeding, is entitled to priority as a “cost and expense of administration” under § 64(a)(1) of the Bankruptcy Act, 11 U.S.C. § 104(a)(1). Appellants are two former employees of Mammoth Mart, Inc. (Mammoth Mart), a discount department store chain. On June 17, 1974, Mammoth Mart filed a petition to reorganize itself under Chapter XI of the Bankruptcy Act, 11 U.S.C. §…

2Cases cited13 opinions

  1. Reading Co. v. BrownSupreme Court of the United States · 1968
  2. Nathanson v. National Labor Relations BoardSupreme Court of the United States · 1952
  3. Sampsell v. Imperial Paper & Color Corp.Supreme Court of the United States · 1941
  4. Nicholas v. United StatesSupreme Court of the United States · 1966
  5. In Re Public Ledger, Inc.Court of Appeals for the Third Circuit · 1947

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3Cited by393 opinions

  1. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  2. In the Matter of Jartran, Inc., Debtor. Appeal of Reuben H. Donnelley Corporation and Sandra C. Tinsley, IncCourt of Appeals for the Seventh Circuit · 1984
  3. Trustees of the Amalgamated Insurance Fund v. McFarlin's, Inc.Court of Appeals for the Second Circuit · 1986
  4. Howard Delivery Service, Inc. v. Zurich American InsuranceSupreme Court of the United States · 2006
  5. In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988

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