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Legal Opinion

United States v. Pullman Construction Industries, Inc.

District Court, N.D. Illinois

Decided April 21, 1993No. 92 C 5167PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

MAROVICH, District Judge.

Pullman Construction Industries, Inc. and its subsidiaries (collectively “Pullman”) filed an adversary complaint to recover tax payments made to defendants, United States of America (the “United States”) and the Illinois Department of Revenue. The United States moved to dismiss Count I of the complaint for lack of in personam jurisdiction pursuant to Fed.R.Civ.P. 12(b)(2). Bankruptcy Judge Schmetterer denied the motion on the grounds that the United States had waived sovereign immunity. 142 B.R. 280. The United States has appealed.

BACKGROUND

2Cases cited19 opinions

  1. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
  2. Baker v. Gold Seal Liquors, Inc.Supreme Court of the United States · 1974
  3. Wjm, Inc., Etc. v. Massachusetts Department of Public WelfareCourt of Appeals for the First Circuit · 1988
  4. Fed. Sec. L. Rep. P 94,913 Asset Allocation and Management Company v. Western Employers Insurance CompanyCourt of Appeals for the Seventh Circuit · 1990
  5. In Re Keith v. Pinkstaff Linda L. Pinkstaff, Debtors. Keith v. Pinkstaff Linda L. Pinkstaff v. United StatesCourt of Appeals for the Ninth Circuit · 1992

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3Cited by7 opinions

  1. Pullman Construction Industries, Inc. v. United StatesCourt of Appeals for the Seventh Circuit · 1994
  2. United States Ex Rel. Bell v. Rhodey (In Re R & W Enterprises)United States Bankruptcy Court, N.D. Florida · 1994
  3. White v. Shalala (In Re Pace Enterprises of Columbia, Inc.)District Court, District of Columbia · 1994
  4. Pullman Construction Industries, Inc. v. United States (In Re Pullman Construction Industries, Inc.)United States Bankruptcy Court, N.D. Illinois · 1996
  5. Pullman Construction Industries, Inc. v. United States (In Re Pullman Construction Industries, Inc.)United States Bankruptcy Court, N.D. Illinois · 1995

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