Legal Opinion
F & M Marquette National Bank v. Emmer Bros. (In Re Emmer Bros.)
District Court, D. Minnesota
Decided July 18, 1985No. Bankruptcy No. 4-82-957, Adv. 4-84-213, Civ. No. 4-85-679PublishedCited by 35 opinions
1Opinion of the Court
McLAUGHLIN, District Judge.
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s appeal from the March 29,1985 Order of the bankruptcy court granting defendant debtor’s motion to dismiss. The Order of the bankruptcy court will be reversed and the case will be remanded for further proceedings.
FACTS
The plaintiff-appellant in this case is F & M Marquette National Bank (Marquette). The defendant-appellee debtor is Emmer Brothers Company, a wholesale lumber company which has been in business for a number of years. Marquette has been the debtor’s primary source of financing during much…
2Cases cited22 opinions
- Holmberg v. ArmbrechtSupreme Court of the United States · 1946
- American Tobacco Co. v. PattersonSupreme Court of the United States · 1982
- Stein v. United Artists Corp.Court of Appeals for the Ninth Circuit · 1982
- In the Matter of Arthur D. And Patricia Newcomb, Debtors. Thomas J. Carlson, Trustee v. Farmers Home AdministrationCourt of Appeals for the Eighth Circuit · 1984
- In the Matter of Unr Industries, Inc., Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1984
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3Cited by35 opinions
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- Farley v. Coffee Cupboard, Inc. (In Re Coffee Cupboard, Inc.)District Court, E.D. New York · 1990
- In Re DotyUnited States Bankruptcy Court, N.D. Indiana · 1991
- Prostok v. Browning, Texas Court of Appeals, 5th District (Dallas)2003
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