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Bankr. L. Rep. P 76,065 in Re Baker & Drake, Inc., Dba "Yellow Cab", Debtor. Baker & Drake, Inc. v. Public Service Commission of Nevada

Court of Appeals for the Ninth Circuit

Decided September 7, 1994No. 92-16983PublishedCited by 81 opinions

1Opinion of the Court

FLETCHER, Circuit Judge:

Baker & Drake, Inc. (“Baker”) appeals the district court’s decision that the Bankruptcy Code, 11 U.S.C. § 1 ei seq., does not preempt Nevada Administrative Code, eh. 706, § 706.-371 (1992) [hereinafter “NAC 706.371”], a state regulation which requires that the drivers for taxicab companies be employees of the companies rather than independent contractors. We have jurisdiction pursuant to 28 U.S.C. § 158(d), and we affirm.

FACTS

Baker operates a taxicab company in Nevada. Until its reorganization under Chapter 11 of the Bankruptcy Code, Baker’s approximately 200 drivers…

2Cases cited16 opinions

  1. Gibbons v. OgdenSupreme Court of the United States · 1824
  2. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  3. Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
  4. Perez. v. CampbellSupreme Court of the United States · 1971
  5. Louisiana Pub. Serv. Comm'n v. FCCSupreme Court of the United States · 1986

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3Cited by81 opinions

  1. In Re Focus Media, Inc., Debtor, Focus Media, Inc. v. National Broadcasting Company Inc. Abc Inc. Paxson Communications Inc.Court of Appeals for the Ninth Circuit · 2004
  2. Clear Channel Outdoor, Inc. v. Knupfer (In Re PW, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  3. In Re General Motors Corp.United States Bankruptcy Court, S.D. New York · 2009
  4. Liberty Mutual Insurance v. Official Unsecured Creditors' Committee of Spaulding Composites Co. (In Re Spaulding Composites Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  5. Rev Op Group v. ML Manager LLC (In Re Mortgages Ltd.)Court of Appeals for the Ninth Circuit · 2014

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