Legal Opinion

In Re Kellett Aircraft Corporation

District Court, E.D. Pennsylvania

Decided May 26, 1948No. 22616PublishedCited by 6 opinions

1Opinion of the Court

McGRANERY, District Judge.

This case arises on a motion to dismiss two claims growing out of a reorganization proceeding involving Kellett Aircraft Corporation. Coldaire Corporation has filed a proof of claim for Kellett’s breach of contract and has brought an amended reclamation proceeding, as well, which is, in effect, proof of another claim. Lengthy hearings were held before the special master, after which the trustees in operation of Kellett filed a motion to dismiss both claims. The master recommended in' substance that their motion be granted as to the debtor’s alleged breach of contract…

2Cases cited19 opinions

  1. Brown v. O'KEEFESupreme Court of the United States · 1937
  2. Buffum v. Peter Barceloux Co.Supreme Court of the United States · 1933
  3. York Metal & Alloys Co. v. Cyclops Steel Co.Supreme Court of Pennsylvania · 1924
  4. Meaker Galvanizing Co. v. Charles E. McInnes & Co.Supreme Court of Pennsylvania · 1922
  5. Shipler v. New Castle Paper Products Corp.Supreme Court of Pennsylvania · 1928

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3Cited by6 opinions

  1. Salo Landscape & Construction Co., Inc. v. Liberty Electric CompanySupreme Court of Rhode Island · 1977
  2. In Re Elkins-Dell Manufacturing CompanyDistrict Court, E.D. Pennsylvania · 1966
  3. In Re Kellett Aircraft Corp.Court of Appeals for the Third Circuit · 1951
  4. In re Kellett Aircraft Corp.District Court, E.D. Pennsylvania · 1950
  5. Western Petroleum Co. v. Atlantic Refining Co.New Mexico Supreme Court · 1961

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