Legal Opinion

Krommenhoek v. A-Mark Precious Metals, Inc. (In re Bybee)

Court of Appeals for the Ninth Circuit

Decided September 27, 1991No. 90-35604PublishedCited by 8 opinions

1Opinion of the Court

DAVID R. THOMPSON, Circuit Judge:

Keith D. Bybee, Sr., acting in some instances for his own account and at other times for customers, bought gold and silver, bullion and coins, from A-Mark Pre*311cious Metals (“A-Mark”). Bybee left a substantial amount of the precious metals on deposit with A-Mark. Unknown to By-bee’s customers, A-Mark held a lien on all of this metal to secure amounts owed by Bybee for purchases on margin. The price of silver dropped, and Bybee liquidated his account, selling to A-Mark at the market price all of the precious metals A-Mark then held on deposit. This sale brought…

2Cases cited14 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  3. United States v. ShimerSupreme Court of the United States · 1961
  4. Commodity Futures Trading Commission v. Co Petro Marketing Group, Inc., a California Corporation Harold D. Goldstein and Michael Bradley KrivacekCourt of Appeals for the Ninth Circuit · 1982
  5. Brower v. EI DuPont De Nemours and Co.Idaho Supreme Court · 1990

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3Cited by8 opinions

  1. In Re Hassan Hamidi Hashemi, Debtor. American Express Travel Related Services Company Inc. v. Hassan Hamidi HashemiCourt of Appeals for the Ninth Circuit · 1997
  2. Thrifty Oil Co. v. Bank of America National Trust and Savings AssociationCourt of Appeals for the Ninth Circuit · 2003
  3. Ford v. Baroff (In re Baroff)Court of Appeals for the Ninth Circuit · 1997
  4. Thrifty Oil Co. v. Bank of America National Trust and Savings AssociationCourt of Appeals for the Ninth Circuit · 2002
  5. Thrifty Oil Co. v. Bank of America National Trust & Savings Ass'n (In Re Thrifty Oil Co.)District Court, S.D. California · 2000

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