Legal Opinion

Miller v. Kemira, Inc. (In re Lemco Gypsum, Inc.)

Court of Appeals for the Eleventh Circuit

Decided September 6, 1990No. 89-8581PublishedCited by 116 opinions

1Opinion of the Court

EDWARD S. SMITH, Senior Circuit Judge:

Appellants purchased buildings and equipment owned by the debtor, Lemco Gypsum Inc., from the trustee in a Chapter 7 liquidation proceeding. The sale articles, which remained on appellee’s land, were purchased pursuant to a sale order which required that the property be removed from the land within 60 days after purchase. The final sale order contained no reference to the sixty day removal requirement; consequently, since appellee voiced no objection, the sale became final. After appellant failed to remove the equipment, appellee filed a motion in the…

2Cases cited17 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  3. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  4. 17 Collier bankr.cas.2d 230, Bankr. L. Rep. P 71,695 in the Matter of Xonics, Inc., Debtors. Elscint, Inc., and Elscint Imaging, Inc. v. First Wisconsin Financial CorporationCourt of Appeals for the First Circuit · 1987
  5. In Re American Hardwoods, Inc., Debtor. American Hardwoods, Inc. v. Deutsche Credit CorporationCourt of Appeals for the Ninth Circuit · 1989

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3Cited by116 opinions

  1. The Matter of Zale Corporation, Debtor. Alan D. Feld, and National Union Fire Insurance Company, Inc., of Pittsburgh, Pennsylvania v. Zale CorporationCourt of Appeals for the Fifth Circuit · 1995
  2. Continental National Bank of Miami v. Sanchez (In Re Toledo)Court of Appeals for the Eleventh Circuit · 1999
  3. Randall & Blake, Inc. v. Evans (In Re Canion)Court of Appeals for the Fifth Circuit · 1999
  4. Lawrence v. GoldbergCourt of Appeals for the Eleventh Circuit · 2009
  5. 23 Collier bankr.cas.2d 999, Bankr. L. Rep. P 73,616 in the Matter of Lemco Gypsum, Inc., Debtor. Lawrence E. Miller, Jr., Miller Resources, Inc. v. Kemira, Inc.Court of Appeals for the Eleventh Circuit · 1990

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