Legal Opinion
Morton v. GTE Southwest Inc. (Wieburg)
Court of Appeals for the Fifth Circuit
Decided November 20, 2001No. 00-11007PublishedCited by 137 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
Joeline Wieburg was employed by GTE Southwest. She was fired. Soon, she filed for bankruptcy and her debts were discharged. She then returned to her earlier grievance and sued GTE for discriminatory discharge. She had not, however, disclosed this claim in her bankruptcy filings. On motion of GTE, the district court dismissed her complaint. The court held that she lacked standing because the claim was property of the bankruptcy estate; thus Harvey Morton, the Trustee, was the real party in interest. We agree that the Trustee is the real party in interest. We hold,…
2Cases cited16 opinions
- Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
- Karcher v. MaySupreme Court of the United States · 1987
- James A. McShane v. United States of America, Scottish Law Society, English Law Society, Rhodesian Immigration AuthorityCourt of Appeals for the Ninth Circuit · 1966
- Advanced Magnetics, Inc. v. Bayfront Partners, Inc.Court of Appeals for the Second Circuit · 1997
- Schertz-Cibolo-Universal City, Independent School District v. Wright (In Re Educators Group Health Trust)Court of Appeals for the Fifth Circuit · 1994
11 more not listed; retrieve them via the Exa API.
3Cited by137 opinions
- Barger v. City of Cartersville, GACourt of Appeals for the Eleventh Circuit · 2003
- Kane v. National Union Fire InsuranceCourt of Appeals for the Fifth Circuit · 2008
- Westbrook Navigator L.L.C. v. Navistar, IncCourt of Appeals for the Fifth Circuit · 2014
- Engle Cases 4432 Individual Tobacco v. Various Tobacco CompaniesCourt of Appeals for the Eleventh Circuit · 2014
- Esposito v. United StatesCourt of Appeals for the Tenth Circuit · 2004
132 more not listed; retrieve them via the Exa API.