Legal Opinion

Tucson Yellow Cab Co. v. National Labor Relations Board (In Re Tucson Yellow Cab Co.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 25, 1983No. BAP Nos. AZ-82-1285-GHK, AZ-82-1287-GHK, Bankruptcy No. 82-00103, Adv. No. 82-0187PublishedCited by 9 opinions

1Opinion of the Court

OPINION

GEORGE, Bankruptcy Judge.

On appeal is an order of the trial court permanently enjoining the National Labor Relations Board (“NLRB”) from assessing a possible back pay award against the debtor, resulting from the rejection of its collective bargaining agreement with its employees. Because we feel that this injunction resulted from the trial court’s misunderstanding of its jurisdiction in this matter, 21 B.R. 166, we vacate the court’s order.

I. BACKGROUND

Prior to the filing of its Chapter 11 petition on January 27, 1982, the debtor, TUCSON YELLOW CAB COMPANY, INC., was the party to a…

2Cases cited7 opinions

  1. Nathanson v. National Labor Relations BoardSupreme Court of the United States · 1952
  2. In Re Bel Air Chateau Hospital, Inc., D/B/A University Height Hospital, F/d/b/a Bel Air Medical Hospital, a California Corporation, Debtor. National Labor Relations Board v. Sam Jonas, Receiver, National Labor Relations Board v. Fdi, Inc.Court of Appeals for the Ninth Circuit · 1979
  3. In the Matter of Shippers Interstate Service, Inc., Debtor. Appeal of National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 1980
  4. D. M. Barber, Inc. v. Valverde (In Re D. M. Barber, Inc.)United States Bankruptcy Court, N.D. Texas · 1981
  5. National Labor Relations Board v. Adams Delivery Service, Inc. (In Re Adams Delivery Service, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982

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3Cited by9 opinions

  1. In Re T.D.M.A., Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1986
  2. Federal Trade Commission v. First Alliance Mortgage Co. (In Re First Alliance Mortgage Co.)District Court, C.D. California · 2001
  3. Professional Sales Corp. v. United States (In Re Professional Sales Corp.)United States Bankruptcy Court, N.D. Illinois · 1985
  4. In Re Amalgamated Foods, Inc.United States Bankruptcy Court, C.D. California · 1984
  5. In Re Wheeling-Pittsburgh Steel Corp.United States Bankruptcy Court, W.D. Pennsylvania · 1990

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