Legal Opinion

In Re Fiberglass Specialty Co., Inc. v. Bor-Son Construction, Inc.

Court of Appeals for the Eighth Circuit

Decided May 19, 1982No. 81-1647PublishedCited by 4 opinions

1Opinion of the Court

LAY, Chief Judge.

At issue in this appeal is the bankruptcy court’s jurisdiction to adjudicate the respective rights of a bankrupt subcontractor and a general contractor in money retained by the general contractor under their subcontract.

On June 29, 1975, Fiberglass Specialty Co. entered into an agreement to design, manufacture, and install tank covers on a water pollution control facility being built in Estherville, Iowa, by Bor-Son Construction, Inc. Thereafter, Fiberglass subcontracted with Crewmasters to provide labor for the installation. Fiberglass began erecting the tank covers in March…

2Cases cited14 opinions

  1. Harrison v. ChamberlinSupreme Court of the United States · 1926
  2. Pusey & Jones Co. v. HanssenSupreme Court of the United States · 1923
  3. In Re Standard Gas & Electric Co.Court of Appeals for the Third Circuit · 1941
  4. Bradley v. St. Louis Terminal Warehouse Co.Court of Appeals for the Eighth Circuit · 1951
  5. Ramon A. Willyerd v. Buildex CompanyCourt of Appeals for the Sixth Circuit · 1972

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3Cited by4 opinions

  1. Waldschmidt v. Columbia Gulf Transmission Co. (In Re Fulghum Construction Corp.)United States Bankruptcy Court, M.D. Tennessee · 1982
  2. Matter of Dh Overmyer Co., Inc.(ohio)District Court, S.D. New York · 1984
  3. Hayes v. First American National Bank of Nashville (In re Service Corp. of America)United States Bankruptcy Court, M.D. Tennessee · 1990
  4. In Re National Hospital & Institutional Builders Co.District Court, S.D. New York · 1984

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