Legal Opinion

McCormack Terminal Co. v. F.A. Potts & Co. (In re F.A. Potts & Co.)

United States Bankruptcy Court, E.D. Pennsylvania

Decided March 10, 1987No. Bankruptcy No. 81-03639 T; Adv. No. 82-1467PublishedCited by 2 opinions

1Opinion of the Court

OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge.

In this adversary proceeding, the plaintiff, McCormack Terminal Company, Inc. (“McCormack”) seeks to establish a proof of claim against F.A. Potts and Co., Inc. (“Potts”), the Chapter 11 debtor/defendant, in an amount in excess of $15,000,000.00 *896based upon an alleged pre-petition breach of contract by Potts. Potts denies any liability to McCormack and filed a counterclaim for more than $4,000,000.00.

Following a lengthy trial, we denied all relief requested by McCormack and entered judgment in favor of Potts on one count of its counterclaim in the…

2Cases cited5 opinions

  1. Atlantic Northern Airlines, Inc. v. SchwimmerSupreme Court of New Jersey · 1953
  2. Kearny PBA Local 21 v. Town of KearnySupreme Court of New Jersey · 1979
  3. In the Matter of the Community Medical Center A/K/A All Souls' Hospital, Debtor, the Community Medical Center A/K/A All Souls Hospital, DebtorCourt of Appeals for the Third Circuit · 1980
  4. Bullowa v. Thermoid Co.Supreme Court of New Jersey · 1935
  5. McCormack Terminal Co. v. F.A. Potts & Co. (In Re F.A. Potts & Co.)United States Bankruptcy Court, E.D. Pennsylvania · 1984

3Cited by2 opinions

  1. In Re BinderUnited States Bankruptcy Court, D. Colorado · 1998
  2. International Union of Operating Engineers, Local No. 571 v. Hawkins Construction Co.District Court, D. Nebraska · 1990

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