Legal Opinion
Bankr. L. Rep. P 71,566 in Re Fred Herbert, Debtor. Atlantic Richfield Company v. Fred Herbert
Court of Appeals for the Ninth Circuit
Decided December 16, 1986No. 85-6505PublishedCited by 31 opinions
1Opinion of the Court
J. BLAINE ANDERSON, Circuit Judge:
Debtor, Fred Herbert (“Herbert”) appeals the order of the district court prohibiting him from assigning a petroleum franchise agreement with Atlantic Richfield Company (“ARCO”). The appeal centers around the extent to which, in a bankruptcy proceeding, the Petroleum Marketing Practices Act (PMPA), 15 U.S.C. §§ 2801-2806 (1982), preempts otherwise applicable state law. In deciding this question, we necessarily resolve: (1) whether Herbert could assume and assign the petroleum franchise, (2) when the franchise was terminated, and (3) whether Herbert had a right…
2Cases cited14 opinions
- In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
- Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
- In Re Cochise College Park, Inc.Court of Appeals for the Ninth Circuit · 1983
- In Re Acequia, Inc., Debtor. Acequia, Inc. v. Vernon B. ClintonCourt of Appeals for the Ninth Circuit · 1986
- In Re Pacific Express, Inc.Court of Appeals for the Ninth Circuit · 1986
9 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Amoco Oil Co. v. ErvinSupreme Court of Colorado · 1996
- In Re: The Woodson Company, Debtor. Fireman's Fund Insurance Companies v. William B. Grover, Trustee, and Official Unsecured Creditors' CommitteeCourt of Appeals for the Ninth Circuit · 1987
- In Re KincaidCourt of Appeals for the Ninth Circuit · 1990
- Unocal Corp. v. KaabipourCourt of Appeals for the Ninth Circuit · 1999
- Camp v. National Union Fire Insurance Co. of Pittsburgh (In Re Government Securities Corp.)United States Bankruptcy Court, S.D. Florida. · 1989
26 more not listed; retrieve them via the Exa API.