Legal Opinion
United States ex rel. United States Postal Service v. Dewey Freight System, Inc.
Court of Appeals for the Eighth Circuit
Decided July 25, 1994No. 93-2767PublishedCited by 27 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
In this bankruptcy case, the United States Postal Service (USPS) seeks to recoup, or offset, damages incurred when Chapter 11 debtor Dewey Freight System, Inc. (“Debt- or” or “Dewey”), refused to perform certain executory contracts, against sums USPS owes Debtor for post-petition trucking services under those contracts. USPS proceeded by motion to lift the automatic stay in bankruptcy.1 The bankruptcy court2 denied that motion, the district court3 affirmed, and USPS appeals. This appeal requires us to explore the interplay between the equitable doctrine of recoupment and…
2Cases cited13 opinions
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Reiter v. CooperSupreme Court of the United States · 1993
- In the Matter of Jartran, Inc., Debtor. Appeal of Reuben H. Donnelley Corporation and Sandra C. Tinsley, IncCourt of Appeals for the Seventh Circuit · 1984
- In Re B & L Oil Company, Debtor, Ashland Petroleum Company v. Garry R. Appel, Trustee for B & L Oil CompanyCourt of Appeals for the Tenth Circuit · 1986
- American Anthracite & Bituminous Coal Corp. v. Leonardo Arrivabene, S.A., Tramp Tankers Corporation of Liberia and Estate of Hector C. DracoulisCourt of Appeals for the Second Circuit · 1960
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Mason v. Official Committee of Unsecured Creditors Ex Rel. FBI Distribution Corp. (In Re FBI Distribution Corp.)Court of Appeals for the First Circuit · 2003
- In Re National Steel Corp.United States Bankruptcy Court, N.D. Illinois · 2004
- Cohen Ex Rel. Friedman's Creditor Trust v. Ernst & Young, LLP (In Re Friedman's, Inc.)United States Bankruptcy Court, S.D. Georgia · 2007
- Joseph Terry v. Standard Insurance CompanyCourt of Appeals for the Eighth Circuit · 2012
- Delta Air Lines, Inc. v. Bibb (In Re Delta Air Lines)United States Bankruptcy Court, S.D. New York · 2006
22 more not listed; retrieve them via the Exa API.