Legal Opinion
Hay v. First Interstate Bank of Kalispell, N.A.
Court of Appeals for the Ninth Circuit
Decided November 2, 1992No. 91-35811PublishedCited by 59 opinions
1Opinion of the Court
FARRIS, Circuit Judge:
Desert Mountain Forest Products, Inc., appeals a grant of summary judgment entered on behalf of defendants First Interstate Bank of Kalispell, Kaltana Corporation, and Donald Whaley, in Desert Mountain’s action for “bad faith,” breach of contract, and civil conspiracy. Desert Mountain acknowledges that its action is an asset of its bankruptcy estate, but argues that the equities favor its proceeding for the benefit of creditors whose shares of the estate may thereby be enhanced. We understand but reject the argument.
BACKGROUND
Between March 1985 .and December 1986, Desert…
2Cases cited5 opinions
- T.W. Electrical Service, Inc. v. Pacific Electrical Contractors Ass'nCourt of Appeals for the Ninth Circuit · 1987
- Oneida Motor Freight, Inc. v. United Jersey BankCourt of Appeals for the Third Circuit · 1988
- Federal Deposit Insurance Corporation, As Receiver v. O'melveny & MeyersCourt of Appeals for the Ninth Circuit · 1992
- William Michael Jones v. Union Pacific Railroad Company, United Transportation UnionCourt of Appeals for the Ninth Circuit · 1992
- Monroe County Oil Co., Inc. v. Amoco Oil Co.District Court, S.D. Indiana · 1987
3Cited by59 opinions
- Lawrence Hamilton v. State Farm Fire & Casualty Company, an Illinois Corporation David's Restaurant SupplyCourt of Appeals for the Ninth Circuit · 2001
- Ah Quin v. County of Kauai Department of TransportationCourt of Appeals for the Ninth Circuit · 2013
- Alary Corp. v. Sims (In Re Associated Vintage Group, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- Cloud v. Northrop Grumman Corp.California Court of Appeal · 1998
- Conrad v. Bank of AmericaCalifornia Court of Appeal · 1996
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