Legal Opinion

SMI Industries, Inc. v. Lanard & Axilbund, Inc.

District Court, E.D. Pennsylvania

Decided December 11, 1979No. Civ. A. 79-830PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

DITTER, District Judge.

Lanard' & Axilbund, Inc. (L & A) and the corporate predecessor of SMI Industries, Inc. (SMI) entered into a commercial lease. The lease was later assigned to SMI which used the rented area as a clothing factory. SMI defaulted in its rent, and L & A dis-trained and confessed judgment under the lease. A sheriff’s levy and writ of possession were issued, but no distress sale was held. Plaintiff then filed a petition in state court to open the judgment. Although the petition was granted, levies, attachments, and executions remain intact under…

2Cases cited22 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Jackson v. Metropolitan Edison Co.Supreme Court of the United States · 1974
  3. Flagg Bros., Inc. v. BrooksSupreme Court of the United States · 1978
  4. Shelley v. KraemerSupreme Court of the United States · 1948
  5. Aldinger v. HowardSupreme Court of the United States · 1976

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3Cited by7 opinions

  1. Chicarelli v. Plymouth Garden ApartmentsDistrict Court, E.D. Pennsylvania · 1982
  2. Luria Brothers & Company, Inc., a Corporation v. Thomas R. Allen, Jr. And Morton J. Greene, Trading as Economy Industrial Properties, a PartnershipCourt of Appeals for the Third Circuit · 1982
  3. Schreiner v. McKENZIE TANK LINES, ETC.District Court of Appeal of Florida · 1982
  4. Bostic v. Ohio River Co. (Ohio DiVision) Basic Pension PlanDistrict Court, S.D. West Virginia · 1981
  5. Allegheny Clarklift, Inc. v. Woodline Industries of Pennsylvania, Inc.Supreme Court of Pennsylvania · 1986

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

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