Legal Opinion

Envirodyne Industries, Inc. v. American Express (In Re Envirodyne Industries, Inc.)

United States Bankruptcy Court, N.D. Illinois

Decided January 20, 1995No. 19-05241PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OPINION

CROSS MOTIONS FOR SUMMARY JUDGMENT

JOHN D. SCHWARTZ, Chief Judge.

The matters before the court are the cross motions for summary judgment of Defendant State of California and Plaintiff Envirodyne Industries, Inc. (“Envirodyne” or “Debtor” or “Plaintiff’). In this adversary proceeding, Envirodyne seeks to equitably subordinate those shareholders of pre-merger Enviro-dyne who have not tendered or otherwise redeemed then* stock after pre-merger Envi-rodyne merged with Emerald Sub in 1989 or anytime subsequent thereto. The Defendants, the State of California, along with Defendants…

2Cases cited41 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Pepper v. LittonSupreme Court of the United States · 1939
  5. In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977

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3Cited by10 opinions

  1. SPC Plastics Corp. v. Griffith (In Re Structurlite Plastics Corp.)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
  2. Ferrari v. Family Mutual Savings Bank (In Re New Era Packaging, Inc.)United States Bankruptcy Court, D. Massachusetts · 1995
  3. Lanting v. Lanting (In Re Lanting)United States Bankruptcy Court, N.D. Alabama · 1996
  4. SouthTrust Bank, N.A. v. WCI Outdoor Products, Inc. (In Re Huntsville Small Engines, Inc.)United States Bankruptcy Court, N.D. Alabama · 1998
  5. In re Envirodyne Industries, Inc.Court of Appeals for the Seventh Circuit · 1996

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