Legal Opinion
Tamasha Town & Country Club v. McAlester Construction Finance Corp.
District Court, S.D. California
Decided March 8, 1966No. Civ. A. 65-760PublishedCited by 17 opinions
1Opinion of the Court
IRVING HILL, District Judge.
Plaintiff corporation sues as a debtor in possession under Chapter XI of the Bankruptcy Act. Its Complaint seeks treble damages under California Civil Code, § 1916-3, for payment of alleged usurious interest. There is no diversity. The Complaint cites, as the jurisdictional basis of the action, sections of the Bankruptcy Act involving both summary and plenary jurisdiction. * For the reasons stated below, the motion must be granted.
In order to understand the jurisdictional issues, it is necessary to state in some detail the history and background of the action, all…
2Cases cited19 opinions
- Katchen v. LandySupreme Court of the United States · 1966
- Maggio v. ZeitzSupreme Court of the United States · 1948
- Alexander v. HillmanSupreme Court of the United States · 1935
- The Inter-State National Bank of Kansas City v. Frank Luther, Trustee, Matter of Garden Grain & Seed Company, Inc., BankruptCourt of Appeals for the Tenth Circuit · 1955
- Florance v. KresgeCourt of Appeals for the Fourth Circuit · 1938
14 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Matter of Essex Properties, Ltd.District Court, N.D. California · 1977
- In Re WarrenDistrict Court, S.D. Ohio · 1975
- In Re of Oceana International, Inc.District Court, S.D. New York · 1974
- In Re L & v. Realty TrustUnited States Bankruptcy Court, D. Massachusetts · 1986
- Hollywood National Bank v. A. J. Bumb, TrusteeCourt of Appeals for the Ninth Circuit · 1969
12 more not listed; retrieve them via the Exa API.