Legal Opinion
In the Matter of Shippers Interstate Service, Inc., Debtor. Appeal of National Labor Relations Board
Court of Appeals for the Seventh Circuit
Decided March 24, 1980No. 79-1753PublishedCited by 50 opinions
1Opinion of the Court
SPRECHER, Circuit Judge.
At issue is whether the filing of a Chapter XI bankruptcy petition under the 1898 Act operates as an automatic stay of the National Labor Relations Board unfair labor practice proceedings when the assets of the bankrupt estate are not threatened and the bankrupt estate is being reorganized and not liquidated.
I
Fortunately, the precise issue raised by this appeal — whether an automatic stay rule promulgated under Chapter XI of the Bankruptcy Act of 1898 prevents the National Labor Relations Board from prosecuting an unfair labor practice case — will soon become virtually…
2Cases cited7 opinions
- Golden State Bottling Co. v. National Labor Relations BoardSupreme Court of the United States · 1973
- Nathanson v. National Labor Relations BoardSupreme Court of the United States · 1952
- Southport Petroleum Co. v. National Labor Relations BoardSupreme Court of the United States · 1942
- 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
- Johnson v. EnglandCourt of Appeals for the Ninth Circuit · 1966
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3Cited by50 opinions
- Matter of Cash Currency Exchange, Inc., Debtors. Cash Currency Exchange, Inc. v. Donald C. Shine, ReceiverCourt of Appeals for the Seventh Circuit · 1985
- In Re Braniff Airways, Inc.Court of Appeals for the Fifth Circuit · 1983
- National Labor Relations Board v. Evans Plumbing CompanyCourt of Appeals for the Fifth Circuit · 1981
- National Labor Relations Board v. PIE Nationwide, Inc.Court of Appeals for the Seventh Circuit · 1991
- In Re State of Missouri State of Missouri Ex Rel John G. Runyan, as Director of the Missouri Department of Agriculture State of Missouri Ex Rel Missouri Department of Agriculture John G. Runyan, as Receiver of Certain Grain Warehouses State of Missouri Ex Rel John Ashcroft, Attorney General of the State of Missouri and James Boillot, Acting Director of the Missouri Department of Agriculture v. U. S. Bankruptcy Court for the E. D. Of Arkansas and the Hon. Charles W. Baker, and Robert P. Lindsey, as Trustee, Intervenor-Respondents, and United States of America, Intervenor. In Re State of Missouri State of Missouri Ex Rel John G. Runyan, as Director of the Missouri Department of Agriculture State of Missouri Ex Rel Missouri Department of Agriculture John G. Runyan, as Receiver of Certain Grain Warehouses State of Missouri Ex Rel John Ashcroft, Attorney General of the State of Missouri and James Boillot, Acting Director of the Missouri Department of Agriculture v. U. S. Bankruptcy Court for the E. D. Of Arkansas and the Hon. Charles W. Baker, and Robert P. Lindsey, as Trustee, Intervenor-Appellees, and United States of America, IntervenorCourt of Appeals for the Eighth Circuit · 1981
45 more not listed; retrieve them via the Exa API.