Legal Opinion

In Re Gotham Provision Company, Inc., Debtor/debtor in Possession, the First State Bank of Miami v. Gotham Provision Company, Inc.

Court of Appeals for the First Circuit

Decided March 11, 1982No. 80-5682PublishedCited by 77 opinions

1Opinion of the Court

R. LANIER ANDERSON, III, Circuit Judge:

This appeal presents the first opportunity for a court of appeals to construe the trust provisions of the 1976 amendments to the Packers and Stockyards Act of 1921 (“the Act”), 7 U.S.C.A. § 181 et seq. (West 1980). In the aftermath of numerous bankruptcies of meat packers in the early 1970’s, Congress amended the Packers and Stockyards Act to provide certain livestock producers with some means to ensure that they would receive payment for livestock sold to packers. Section 206 of the amended Act, 7 U.S.C.A. § 196 (West 1980), 1 requires that packers who…

2Cases cited16 opinions

  1. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  2. Morton v. RuizSupreme Court of the United States · 1974
  3. Manhattan General Equipment Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
  4. W. B. COKE, Jr., Plaintiff-Appellant, v. GENERAL ADJUSTMENT BUREAU, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1981
  5. Union National Bank v. LambSupreme Court of the United States · 1949

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3Cited by77 opinions

  1. James C. Flanagan v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1998
  2. Jsg Trading Corp. v. Tray-Wrap, Inc.Court of Appeals for the Second Circuit · 1990
  3. Liberty Mutual Insurance Company v. Rotches Pork Packers, Inc.Court of Appeals for the Second Circuit · 1992
  4. Nelda Mattson v. U.S. West Communications, Inc., Service Investment Corporation, Doing Business as Service Investment Collection AgencyCourt of Appeals for the Eighth Circuit · 1992
  5. United Mine Workers of America, International Union v. Elizabeth H. Dole, in Her Capacity as Secretary of Labor, American Mining Congress, IntervenorCourt of Appeals for the D.C. Circuit · 1989

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