Legal Opinion

Charles W. Bauer, Jr. And Nellie P. Bauer, Robert H. Waldschmidt, Trustee v. Commerce Union Bank, Clarksville, Tennessee and Kenneth C. Baines

Court of Appeals for the Sixth Circuit

Decided October 20, 1988No. 87-5617PublishedCited by 165 opinions

1Opinion of the Court

DAVID A. NELSON, Circuit Judge.

Plaintiffs Charles and Nellie Bauer brought an “outrageous conduct” action against Commerce Union Bank of Clarks-ville, Tennessee, and one of its officers. The United States District Court for the Middle District of Tennessee entered an order substituting the Bauers’ trustee in bankruptcy as plaintiff in their stead. The Bauers took an immediate appeal. We must decide whether the order is appeal-able at this stage, and, if so, whether the district court erred in making the substitution. We conclude that the order is not immediately appealable, and that the…

2Cases cited11 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  3. Richardson-Merrell Inc. v. Koller Ex Rel. KollerSupreme Court of the United States · 1985
  4. Stringfellow v. Concerned Neighbors in ActionSupreme Court of the United States · 1987
  5. In Re Ozark Restaurant Equipment Co., Inc. James G. Mixon, Trustee v. Bruce Anderson, Elmer Dale Yancey, Kenneth Eads, Robert Whiteley and Anderson Cajun's Wharf, James G. Mixon, Trustee v. Anderson Cajun's Wharf, James G. Mixon, Trustee v. Ed Yancey, Bruce Anderson and Kenneth EadsCourt of Appeals for the Eighth Circuit · 1987

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3Cited by165 opinions

  1. In Re: Daniel Fordu, Debtor. Harold A. Corzin v. Julie A. ForduCourt of Appeals for the Sixth Circuit · 1999
  2. Bruce K. Cable, as Debtor in Possession v. Ivy Tech State CollegeCourt of Appeals for the Seventh Circuit · 1999
  3. In Re Carl Cottrell and Paula Cottrell, Debtors. Carl Cottrell and Paula Cottrell v. J. Baxter Schilling, TrusteeCourt of Appeals for the Sixth Circuit · 1989
  4. Bamerilease Capital Corp. v. Eugene E. NearburgCourt of Appeals for the Sixth Circuit · 1992
  5. Bankr. L. Rep. P 77,399 in the Matter of June M. Heath, Debtor. Joseph M. Black, Trustee v. United States Postal ServiceCourt of Appeals for the Seventh Circuit · 1997

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