Legal Opinion
Massachusetts Ex Rel. Department of Public Welfare v. Dartmouth House Nursing Home, Inc. (In Re Dartmouth House Nursing Home, Inc.)
Bankruptcy Appellate Panel of the First Circuit
Decided June 15, 1983No. Appeal 82-9057PublishedCited by 21 opinions
1Opinion of the Court
JOHNSON, Bankruptcy Judge.
The constitutionality of the jurisdictional grant to bankruptcy appellate panels has been questioned in this appeal.1 The debtors have filed a motion to dismiss the appeal of the Massachusetts Department of Public Welfare2 on the ground that the United States Supreme Court’s decision in Northern Pipeline Construction Co. v. Marathon Pipe Line Co., - U.S. -, 102 S.Ct. 2858, 73 L.Ed.2d 598 (1982), divested the Bankruptcy Appellate Panel of jurisdiction. We reluctantly conclude that we are without jurisdiction to hear the appeal. 24 B.R. 256.
Preliminarily, we must…
2Cases cited19 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940
- United States v. RainesSupreme Court of the United States · 1960
- United States v. WillSupreme Court of the United States · 1980
- White Motor Corporation, Debtor and Debtor in Possession v. Citibank, N.A. And the Other Bank Creditors Listed on Exhibit 1Court of Appeals for the Sixth Circuit · 1983
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Lee v. SchweikerCourt of Appeals for the Third Circuit · 1984
- Mohawk Industries Inc. v. United States (In Re Mohawk Industries, Inc.)United States Bankruptcy Court, D. Massachusetts · 1987
- Hiser v. Blue Cross of Greater Philadelphia (In Re St. Mary Hospital)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Visiting Nurse Ass'n of Tampa Bay v. Sullivan (In Re Visiting Nurse Ass'n of Tampa Bay)United States Bankruptcy Court, M.D. Florida · 1990
- Westinghouse Electric Corp. v. Fidelity & Deposit Co. of MarylandDistrict Court, E.D. Pennsylvania · 1986
16 more not listed; retrieve them via the Exa API.