Legal Opinion
ABCO Industries, Inc. v. ESI, Inc. (In Re ABCO Industries, Inc.)
United States Bankruptcy Court, N.D. Texas
Decided August 27, 2001No. 19-40718PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION ON PLAINTIFF’S MOTION TO DISMISS
ROBERT C. McGUIRE, Bankruptcy Judge.
Debtor-in-Possession (“Debtor”), ABCO Industries, Inc. (“ABCO”), as plaintiff, filed this adversary proceeding against ESI, Inc. of Tennessee (“ESI”). ESI filed its answer, which also contained a counterclaim against Debtor. Debtor filed a motion to dismiss such counterclaim under Bankruptcy Rule 7012 for failure to state a claim, because res judicata allegedly bars ESI’s claim. Under Bankruptcy Rule 7012(b), the Court treats such motion to dismiss as a motion for summary judgment.
Applicable Summary…
2Cases cited18 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Calpetco 1981, a Limited Partnership v. Marshall Exploration, Inc.Court of Appeals for the Fifth Circuit · 1993
- Brian Gremillion and Connie Gremillion v. Gulf Coast Catering Company, Doerle's Quarterboats, Inc., and Albany Insurance CompanyCourt of Appeals for the Fifth Circuit · 1990
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3Cited by6 opinions
- Koken v. Legion InsuranceCommonwealth Court of Pennsylvania · 2006
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- Aureal, Inc. v. I/O Magic Corp. (In Re Aureal, Inc.)United States Bankruptcy Court, N.D. California · 2002
- In Re EggersUnited States Bankruptcy Court, W.D. Texas · 2010
- Reagor-Dykes Motors, LPUnited States Bankruptcy Court, N.D. Texas · 2021
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