Legal Opinion

Arway v. Mt. St. Mary's Hospital (In Re Arway)

United States Bankruptcy Court, W.D. New York

Decided November 13, 1998No. 1-17-12009PublishedCited by 12 opinions

1Opinion of the Court

MICHAEL J. KAPLAN, Chief Judge.

Here the Court is asked to decide whether the Second Circuit’s decision in In re Ridder-vold is still good law after the United States Supreme Court decision in Barnhill v. Johnson. Implicit in the request is a deeper question of whether that determination is appropriate for this Court to make, or whether this Court instead must abide by Ridder-vold and leave the question of Riddervold’s continuing vitality to higher authority. Is a trial judge obliged to obey a seventeen year old decision of the Circuit Court of Appeals after the United States Supreme Court…

2Cases cited8 opinions

  1. Hutto v. DavisSupreme Court of the United States · 1982
  2. Barnhill v. JohnsonSupreme Court of the United States · 1992
  3. United States v. IannielloCourt of Appeals for the Second Circuit · 1986
  4. City of Timber Lake v. Cheyenne River Sioux TribeCourt of Appeals for the Eighth Circuit · 1993
  5. In Re Jaylaw Drug, Inc., Debtor. Jaylaw Drug, Inc. v. United States Internal Revenue Service, and Empire National BankCourt of Appeals for the Second Circuit · 1980

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3Cited by12 opinions

  1. In Re: Sheri Whorley Morehead, A/K/A Sheri Lynn Whorley, Debtor. Sheri Whorley Morehead v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Sixth Circuit · 2001
  2. F.C.C. National Bank v. Reid (In Re Reid)United States Bankruptcy Court, W.D. New York · 1999
  3. In Re BrunoUnited States Bankruptcy Court, W.D. New York · 2006
  4. Bene v. Educational Credit Management Corp. (In re Bene)United States Bankruptcy Court, W.D. New York · 2012
  5. Price v. Manufacturers & Traders Trust Co. (In Re Price)United States Bankruptcy Court, W.D. New York · 2001

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