Legal Opinion

K. D. Kyle v. Ernest L. Stewart, Trustee of P & M Manufacturing Co., Inc.

Court of Appeals for the Fifth Circuit

Decided May 17, 1966No. 22321_1PublishedCited by 15 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge:

This case presents again the frequent problem of summary jurisdiction versus a plenary suit in a Trustee’s efforts to recover property (or proceeds) of the Bankrupt Estate. Kyle, the Respondent-Appellant, was a principal stockholder, the executive vice-president, and a director of the corporate Bankrupt and received the properties in question as a result of a prebankruptcy liquidation agreement executed by all of the three stockholders. The Referee, affirmed by the District Court on petition to review, upheld summary jurisdiction. We agree and affirm.

Although the…

2Cases cited15 opinions

  1. May v. HendersonSupreme Court of the United States · 1925
  2. South Falls Corporation v. William J. Rochelle, Jr., Trustee in Bankruptcy for Giant Stores of Longview, Inc., BankruptCourt of Appeals for the Fifth Circuit · 1964
  3. American Mannex Corporation v. Joe D. Huffstutler, Trustee for Trice Production Company, BankruptCourt of Appeals for the Fifth Circuit · 1964
  4. Ford v. MageeCourt of Appeals for the Second Circuit · 1947
  5. In re Joseph R. Marquette, Jr., Inc.Court of Appeals for the Second Circuit · 1918

10 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. United States Fire Ins. Co. v. MorejonDistrict Court of Appeal of Florida · 1976
  2. Invo Florida, Inc. v. Somerset Venturer, Inc.District Court of Appeal of Florida · 2000
  3. Yaquinto v. GreerDistrict Court, N.D. Texas · 1988
  4. Rebozo v. Royal Indem. Co.District Court of Appeal of Florida · 1979
  5. Joe M. Flournoy v. City Finance of Columbus, Inc.Court of Appeals for the Eleventh Circuit · 1982

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API