Legal Opinion
Bohack Corp. v. Borden, Inc.
District Court, E.D. New York
Decided February 7, 1978No. Civ. 77 C 2265 and 74 B 933PublishedCited by 2 opinions
1Opinion of the Court
Memorandum of Decision and Order
MISHLER, Chief Judge.
The instant appeal presents a variety of interesting questions relating to the scope of the Bankruptcy Act’s stay provisions and their interplay with section 68 of the Act, 11 U.S.C. § 108. Borden appeals from Bankruptcy Judge C. Albert Parente’s October 14, 1977 order enjoining further prosecution of its counterclaim asserted against the debtor-in-possession, Bohack, in a plenary anti-trust action now pending before the United States District Court for the Eastern District of Pennsylvania.' The essential facts are not in dispute.
Bohack, on…
2Cases cited21 opinions
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- Baker v. Gold Seal Liquors, Inc.Supreme Court of the United States · 1974
- Cumberland Glass Manufacturing Co. v. De Witt & Co.Supreme Court of the United States · 1915
- Lowden v. Northwestern National Bank & Trust Co.Supreme Court of the United States · 1936
- Tucker v. OxleySupreme Court of the United States · 1809
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3Cited by2 opinions
- United States v. Arthur Andersen & Co.District Court, D. Massachusetts · 1979
- Michaels-Stern & Co. v. Rice's Men's Shop, Inc.Supreme Court of South Carolina · 1979