Legal Opinion
Harpole Construction, Inc. v. Medallion Midstream, LLC (In re Harpole Construction, Inc.)
United States Bankruptcy Court, D. New Mexico
Decided January 10, 2017No. Case No. 15-12630 t11; Adv. No. 16-1058 tPublishedCited by 2 opinions
1Opinion of the Court
OPINION
Hon. David T. Thuma, United States Bankruptcy Judge
Before the Court is plaintiffs objection to defendant’s demand for a jury trial on all claims. The Court concludes that defendant lost its right to a jury trial when it filed a counterclaim in this proceeding.
I. Findings of Fact
The Court finds the following facts for the limited purpose of ruling on the motion:1
Plaintiff Harpole Construction, Inc. filed this chapter 11 case on October 2, 2015. Harpole is a New Mexico corporation that installs and services oil pipelines in New Mexico and Texas. It conducts business from construction…
2Cases cited34 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- Langenkamp v. CulpSupreme Court of the United States · 1991
- St. Louis Baptist Temple, Inc. v. Federal Deposit Insurance CorporationCourt of Appeals for the Tenth Circuit · 1979
- Atlas Roofing Co. v. Occupational Safety and Health Review Comm'nSupreme Court of the United States · 1977
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3Cited by2 opinions
- Highland Capital Management, L.P. - Adversary ProceedingUnited States Bankruptcy Court, N.D. Texas · 2023
- Stephenson v. Gulfport Energy CorporationUnited States Bankruptcy Court, W.D. Oklahoma · 2021