Legal Opinion

Data Compass Corp. v. Datafast, Inc. (In Re Data Compass Corp.)

United States Bankruptcy Court, E.D. New York

Decided October 25, 1988No. 1-19-40853PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

ROBERT J. HALL, Bankruptcy Judge.

We address ourselves to the question of whether this Court has the authority to conduct a jury trial in a core proceeding. The demand for a jury trial made by the defendant Datafast, Inc. (“Datafast”) is not opposed. For the reasons discussed below, we find that the defendant is entitled to a jury trial under the facts of this case and we are of the opinion that this Court may have the authority to conduct a jury trial; we nevertheless respectfully submit that pending a more conclusive determination of this issue the interests of…

2Cases cited51 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Brady v. United StatesSupreme Court of the United States · 1970
  3. Fuentes v. ShevinSupreme Court of the United States · 1972
  4. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  5. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959

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3Cited by15 opinions

  1. In Re Ben Cooper, Inc.Court of Appeals for the Second Circuit · 1990
  2. Hassett v. Bancohio National Bank (In Re CIS Corp.)District Court, S.D. New York · 1994
  3. NDEP Corp. v. Handl-It, Inc. (In Re NDEP Corp.)District Court, D. Delaware · 1996
  4. Ben Cooper, Inc. v. Insurance Co. of Pennsylvania (In re Ben Cooper, Inc.)Court of Appeals for the Second Circuit · 1990
  5. Shields v. Ciccone (In Re Lloyd Securities, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1993

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