Legal Opinion
Gary Aircraft Corp. v. United States
Court of Appeals for the Fifth Circuit
Decided February 25, 1983No. 81-1391PublishedCited by 6 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
This is a stretch case with potential for elastic juridical power in either the bankruptcy court or the Armed Services Board of Contract Appeals. In this appeal we are called upon to review various matters pertaining to the liquidation by a bankruptcy court of claims by the United States against Gary Aircraft Corporation (“Gary”) flowing from a contract between the government and Gary to overhaul airplane engines.1 We hold that the bankruptcy court improperly exercised its jurisdiction in liquidating the contract claims and that it should have deferred jurisdiction for…
2Cases cited21 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Pepper v. LittonSupreme Court of the United States · 1939
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1940
- Thompson v. Magnolia Petroleum Co.Supreme Court of the United States · 1940
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3Cited by6 opinions
- 8 Collier bankr.cas.2d 186, Bankr. L. Rep. P 69,089, 30 cont.cas.fed. (Cch) 70,845 in the Matter of Gary Aircraft Corporation, Debtor. Gary Aircraft Corporation v. United StatesCourt of Appeals for the Fifth Circuit · 1983
- Prudential Lines, Inc. v. United States Maritime Administration (In Re Prudential Lines, Inc.)United States Bankruptcy Court, S.D. New York · 1987
- United States v. General Dynamics Corp.District Court, C.D. California · 1986
- In Re Mountain View Coach Line, Inc.United States Bankruptcy Court, S.D. New York · 1989
- Acadiana Management Group, LLC v. United StatesUnited States Court of Federal Claims · 2020
1 more not listed; retrieve them via the Exa API.