Legal Opinion
MCI, Inc. v. West (In Re WorldCom, Inc.)
United States Bankruptcy Court, S.D. New York
Decided July 20, 2005No. 19-22436PublishedCited by 3 opinions
1Opinion of the Court
OPINION REGARDING MOTION FOR SUMMARY JUDGMENT FILED BY DEBTORS AND CROSS-MOTION FOR SUMMARY JUDGMENT FILED BY DUANE G. WEST REGARDING DEBTORS’ COMPLAINT AGAINST DUANE G. WEST
ARTHUR J. GONZALEZ, Bankruptcy Judge.
The matter before the Court involves motions for summary judgment regarding whether (1) claims of trespass, unjust enrichment, and unconstitutional taking from the presence, maintenance, and use of fiber optic cable in certain railroad rights of way, post-effective date of the confirmation plan, are “claims” as that term is defined in 11 U.S.C. § 101(5), (2) the liability, if any, for…
2Cases cited36 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994
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3Cited by3 opinions
- In Re WorldCom, Inc.United States Bankruptcy Court, S.D. New York · 2006
- International Paper Company v. MCI Worldcom Network Services, Inc.Court of Appeals for the Eighth Circuit · 2006
- Intl. Paper Co. v. MCI Worldcom NetworkCourt of Appeals for the Eighth Circuit · 2006