Legal Opinion

In the Matter of Covington Grain Company, Inc., a Corporation, Bankrupt. Collateral Control Corporation v. Wiley Deal, Trustee

Court of Appeals for the Fifth Circuit

Decided March 13, 1981No. 79-3726PublishedCited by 48 opinions

1Opinion of the Court

FAY, Circuit Judge:

Appellant Collateral Control Corporation appeals the denial of its petition to be substituted in bankruptcy proceedings for the claims of farmers who recovered judgments from it in a state court action. We hold that the order denying substitution is an appealable order and affirm the denial of the petition.

In 1972, appellant Collateral Control Corporation, formerly New York Terminal Warehouse Company (NYTCO), entered into a field warehousing lease agreement with Covington Grain Company Incorporated, now bankrupt. Under the agreement, NYTCO leased a bagged goods warehouse…

2Cases cited20 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Pepper v. LittonSupreme Court of the United States · 1939
  3. Brown v. FelsenSupreme Court of the United States · 1979
  4. In Re Nissan Motor Corporation Antitrust LitigationCourt of Appeals for the Fifth Circuit · 1977
  5. Bill Ransom v. Frances Hugh Brennan, of the Estate of William J. Brennan,deceasedCourt of Appeals for the Fifth Circuit · 1971

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3Cited by48 opinions

  1. Kane v. National Union Fire InsuranceCourt of Appeals for the Fifth Circuit · 2008
  2. Morton v. GTE Southwest Inc. (Wieburg)Court of Appeals for the Fifth Circuit · 2001
  3. National Independent Theatre Exhibitors, Inc., James T. Patterson, Sr., Screen Advertising Film Fund, Inc. v. Buena Vista Distribution CompanyCourt of Appeals for the Eleventh Circuit · 1985
  4. In Re Regency Woods Apartments, LtdCourt of Appeals for the Eleventh Circuit · 1982
  5. 16 Collier bankr.cas.2d 1327, Bankr. L. Rep. P 71,842 in Re Shearn Moody, Jr., Debtor. W. Steve Smith, Trustee of the Estate of Shearn Moody, Jr. v. Norman D. RevieCourt of Appeals for the Fifth Circuit · 1987

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