Legal Opinion

Kaonohi Ohana, Ltd. v. Sutherland (In re Kaonohi Ohana, Ltd.)

Court of Appeals for the Ninth Circuit

Decided May 5, 1989No. Nos. 87-2742, 87-1892 and 87-2680PublishedCited by 12 opinions

1Opinion of the Court

JAMES R. BROWNING, Circuit Judge:

These consolidated appeals arise out of a complex web of litigation pitting Nancy Sutherland and assignees against Sylvester Stallone and Kaonohi Ohana, Ltd., a creditor’s corporation that sold the same parcel of Hawaiian beach front property first to Sutherland, then to Stallone.

I

After agreeing to sell 5.5 acres of shoreline property on the island of Kauai to Sutherland, Kaonohi accepted a higher offer from Stallone on the theory that the prior agreement with Sutherland was not binding because not approved by three quarters of Kaonohi’s stockholders, as…

2Cases cited10 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Flast v. CohenSupreme Court of the United States · 1968
  3. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  4. 18 Collier bankr.cas.2d 717, Bankr. L. Rep. P 72,183 in Re Titan Energy, Inc. National Union Fire Insurance Company of Pittsburgh, Pa. v. Titan Energy, Inc.Court of Appeals for the Eighth Circuit · 1988
  5. Algeran, Inc. v. Advance Ross Corp.Court of Appeals for the Ninth Circuit · 1985

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3Cited by12 opinions

  1. The Matter of Zale Corporation, Debtor. Alan D. Feld, and National Union Fire Insurance Company, Inc., of Pittsburgh, Pennsylvania v. Zale CorporationCourt of Appeals for the Fifth Circuit · 1995
  2. Work/Family Directions, Inc. v. Children's Discovery Centers, Inc. (In Re Santa Clara County Child Care Consortium)Bankruptcy Appellate Panel of the First Circuit · 1998
  3. Darby v. Zimmerman (In Re Popp)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  4. In Re BergtUnited States Bankruptcy Court, D. Alaska · 1999
  5. Carolyn's Kitchen, Inc. v. Cybergenics Corp. (In Re Carolyn's Kitchen, Inc.)United States Bankruptcy Court, N.D. Texas · 1997

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