Legal Opinion

In Re Millers Cove Energy Company, Inc., Debtor. Millers Cove Energy Company, Inc. v. Ronald L. Moore

Court of Appeals for the Sixth Circuit

Decided October 23, 1997No. 96-6400PublishedCited by 43 opinions

1Opinion of the Court

OPINION

KENNEDY, Circuit Judge.

Defendants in this adversary proceeding appeal the District Court’s order of remand to the Bankruptcy Court that directs the recalculation of damages due plaintiffs for defendants’ breach of two coal mining leases between the parties. Due to the absence of certification pursuant to Fed.R.Civ.P. 54(b) that the District Court order is final within the meaning of 28 U.S.C. § 158(d), this Court lacks subject matter jurisdiction to review the merits of this appeal, which we therefore dismiss.

I. Procedural Background

On August 28, 1991, plaintiffs-appellees Millers Cove…

2Cases cited7 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. Fed. Sec. L. Rep. P 98,321 Timothy L. Ford v. Hamilton Investments, Inc.Court of Appeals for the Sixth Circuit · 1994
  3. In the Matter of Wood and Locker, Inc., Debtor. The Section 1120(a)(1) Committee of Unsecured Creditors v. Interfirst Bank Dallas, N.A.Court of Appeals for the First Circuit · 1989
  4. In the Matter of Francisco Lopez, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1997
  5. Gardner v. Grange Mutual Casualty Co.Court of Appeals for the Sixth Circuit · 1987

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

3Cited by43 opinions

  1. Belli v. Temkin (In Re Belli)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
  2. In Re: Boca Arena, Inc., Debtor. Patricia Dzikowski v. Boomer's Sports & Recreation Center, Inc.Court of Appeals for the Eleventh Circuit · 1999
  3. In Re Dow Corning Corp.United States Bankruptcy Court, E.D. Michigan · 1999
  4. Community Health Plan of Ohio v. Joseph J. MosserCourt of Appeals for the Sixth Circuit · 2003
  5. Huntington National Bank v. Richardson Ex Rel. Estate of Cyberco Holdings, Inc.Court of Appeals for the Sixth Circuit · 2013

38 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