Legal Opinion
In re Gebco Investment Corp.
Court of Appeals for the Third Circuit
Decided February 18, 1981No. 80-1715PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
A subcontractor on an apartment building project and the trustee in bankruptcy for the owner each claim the right to undisbursed construction mortgage funds in the hands of a bank. Discerning no contract between the subcontractor and the bank or the owner, the district court entered judgment for the trustee. We conclude that, under Pennsylvania law, the subcontractor is entitled to recover on third party beneficiary, equitable assignment, or unjust enrichment theories and accordingly reverse.
I
Gebco Investment Corporation entered into an agreement with…
2Cases cited12 opinions
- SPIRES Et Ux. v. Hanover Fire Ins. Co.Supreme Court of Pennsylvania · 1950
- Buchanan v. Brentwood Federal Savings & Loan Assoc.Supreme Court of Pennsylvania · 1974
- Commonwealth v. Great American Indemnity Co.Supreme Court of Pennsylvania · 1933
- Gee v. EberleSuperior Court of Pennsylvania · 1980
- Mutual Trust Life Insurance Company v. WemyssDistrict Court, D. Maine · 1970
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- James A. Lewis, Esquire, Trustee for Joseph M. Eaton Builders, Inc. v. Thomas J. And Linda M. DiethornCourt of Appeals for the Third Circuit · 1990
- Girard Bank v. John Hancock Mutual Life InsuranceDistrict Court, E.D. Pennsylvania · 1981
- Temp-Way Corp. v. R.M. Shoemaker Co. (In Re Temp-Way Corp.)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Dietz v. Phipps (In Re Sunde)United States Bankruptcy Court, D. Minnesota · 1992
- In the Matter of Gebco Investment Corporation, Creative Development Corporation, Plaza Development Corporation, Fidelity Loan and Investment Corporation and Meadowlands Inn, Debtors. Appeal of Monroeville Electronics CoCourt of Appeals for the Third Circuit · 1981
2 more not listed; retrieve them via the Exa API.