Legal Opinion

Fairchild Aircraft Inc. v. Cambell (In Re Fairchild Aircraft Inc.)

United States Bankruptcy Court, W.D. Texas

Decided July 6, 1995No. 17-10523PublishedCited by 41 opinions

1Opinion of the Court

AMENDED * MEMORANDUM DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

LEIF M. CLARK, Bankruptcy Judge.

CAME ON for consideration the foregoing matter. Fairchild Aircraft Incorporated (“FAI”) filed its Complaint for Declaratory and Injunctive Relief in the bankruptcy case of Fairchild Aircraft Corporation (“FAC”). Defendants moved for dismissal for lack of subject matter jurisdiction and failure to state a cause of action. Fed.R.Civ.P. 12(b)(2), (6). After denying these motions, both parties moved for summary judgment. After hearing, the court took the matter under submission. This decision now…

2Cases cited78 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  4. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  5. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974

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3Cited by41 opinions

  1. In re Motors Liquidation Co.District Court, S.D. Illinois · 2018
  2. In Re General Motors Corp.United States Bankruptcy Court, S.D. New York · 2009
  3. In Re Leckie Smokeless Coal Company New River Mineral Resources Company Gould Resources, Incorporated, Debtors (Two Cases). United Mine Workers of America 1992 Benefit Plan, and Its Trustees United Mine Workers of America Combined Benefit Fund, and Its Trustees, Movants-Appellants v. Leckie Smokeless Coal Company New River Mineral Resources Company Gould Resources, Incorporated Royal Scot Minerals, Incorporated, and Unsecured Creditors Committee Office of the United States Trustee, Parties-In-Interest. United Mine Workers of America 1992 Benefit Plan, and Its Trustees United Mine Workers of America Combined Benefit Fund, and Its Trustees, Movants-Appellants v. Leckie Smokeless Coal Company New River Mineral Resources Company Gould Resources, Incorporated Royal Scot Minerals, Incorporated, and Unsecured Creditors Committee United States Trustee, Parties-In-Interest. In Re Lady H Coal Company, Incorporated Consolidated Sewell, Incorporated Sewell Coal Company Leivasy Mining Corporation Eastwood Construction, Incorporated, Debtors (Two Cases). Lady H Coal Company, Incorporated Consolidated Sewell, Incorporated Sewell Coal Company Leivasy Mining Corporation Eastwood Construction, Incorporated, Debtors-Appellees v. United Mine Workers of America 1992 Benefit Plan, and Its Trustees, Movant-Appellant, and United Mine Workers of America Combined Benefit Fund, and Its Trustees, Movant, and International Union, United Mine Workers of America District 17, United Mine Workers of America, Parties-In-Interest. Lady H Coal Company, Incorporated Consolidated Sewell, Incorporated Leivasy Mining Corporation Eastwood Construction, Incorporated, Debtors-Appellees v. United Mine Workers of America 1992 Benefit Plan, and Its Trustees, Movant-Appellant, and International Union, United Mine Workers of America District 17, United Mine Workers of America, Parties-In-InterestCourt of Appeals for the Fourth Circuit · 1996
  4. Johns-Manville Corp. v. Chubb Indemnity InsuranceCourt of Appeals for the Second Circuit · 2008
  5. Folger Adam Security, Inc. v. Dematteis/Macgregor, JvCourt of Appeals for the Third Circuit · 2000

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