Legal Opinion
Vision Metals, Inc. v. SMS Demag, Inc. (In Re Vision Metals, Inc.)
United States Bankruptcy Court, D. Delaware
Decided July 14, 2004No. 19-50114PublishedCited by 11 opinions
1Opinion of the Court
OPINION 1
MARY F. WALRATH, Chief Judge.
Before the Court is the Motion for Leave to File an Amended Complaint filed by Vision Metals, Inc. (“the Debtor”) and the Motion for Judgment on the Pleadings filed by SMS Demag, Inc. (“Demag”) seeking to dismiss Counts V and VI of that complaint. For the reasons set forth below, the Debtor’s Motion will be denied and Demag’s Motion will be granted.
I. BACKGROUND
The Debtor was involved in the business of manufacturing pipes and other metal products. Demag was engaged in the business of designing, selling, maintaining, and supervising the installation of…
2Cases cited24 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Hawthorne v. Mac Adjustment, Inc.Court of Appeals for the Eleventh Circuit · 1998
- Shirley A. WILLIAMS, Appellant, v. LITTLE ROCK MUNICIPAL WATER WORKS, AppelleeCourt of Appeals for the Eighth Circuit · 1994
- Richard J. Mayberry v. James F. Maroney, Superintendent, State Correctional Institution, Pittsburgh, PennsylvaniaCourt of Appeals for the Third Circuit · 1977
- Marita L. Curcio the Estate of Frederick Curcio, III v. John Hancock Mutual Life Insurance Company Capital Health Systems John Hancock Mutual Life Insurance Company ("John Hancock"), in No. 93-7545, Marita L. Curcio the Estate of Frederick Curcio, III v. John Hancock Mutual Life Insurance Company Capital Health Systems Marita L. Curcio, Individually and as of the Estate of Frederick Curcio, Iii, in No. 93-7556Court of Appeals for the Third Circuit · 1994
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3Cited by11 opinions
- Post Confirmation Trust of Fleming Companies, Inc. v. Target Corp. (In Re Fleming Companies, Inc.)United States Bankruptcy Court, D. Delaware · 2005
- Plains Marketing, L.P. v. Bank of America, N.A. (In re Semcrude, L.P.)United States Bankruptcy Court, D. Delaware · 2011
- Riverside Acquisition Group LLC v. Vertis Holdings, Inc. (In re Vertis Holdings, Inc.)United States Bankruptcy Court, D. Delaware · 2015
- Vision Metals, Inc. v. SMS Demag, Inc. (In Re Vision Metals, Inc.)United States Bankruptcy Court, D. Delaware · 2005
- Vision Metals, Inc. v. SMS Demag, Inc. (In Re Vision Metals, Inc.)United States Bankruptcy Court, D. Delaware · 2005
6 more not listed; retrieve them via the Exa API.