Legal Opinion

S.G. Phillips Constructors, Inc. v. City of Burlington (In re S.G. Phillips Constructors, Inc.)

Court of Appeals for the Second Circuit

Decided January 25, 1995No. Nos. 1813, 1950, Dockets 94-5009(L), 94-5011XAPPublishedCited by 48 opinions

1Opinion of the Court

WALKER, Circuit Judge:

Debtor in bankruptcy S.G. Phillips Constructors, Inc. (“Phillips”) appeals from a final order of the United States District Court for the District of Vermont (Franklin S. Billings, Jr., Chief Judge). On appeal, Phillips, a construction company from which the City of Burlington, Vermont (“the City”) is seeking damages in contract, argues principally that the district court erred in holding that the bankruptcy court was without jurisdiction to disallow the claim asserted by the City. Phillips contends that by filing a proof of claim in the bankruptcy proceedings, the City…

2Cases cited20 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  3. Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
  4. Commodity Futures Trading Commission v. SchorSupreme Court of the United States · 1986
  5. Langenkamp v. CulpSupreme Court of the United States · 1991

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3Cited by48 opinions

  1. Bankruptcy Services, Inc. v. Ernst & Young (In Re CBI Holding Co.)Court of Appeals for the Second Circuit · 2008
  2. New England Power & Marine, Inc. v. Town of Tyngsborough (In Re Middlesex Power Equipment & Marine, Inc.)Court of Appeals for the First Circuit · 2002
  3. Personette v. Kennedy (In Re Midgard Corp.)Bankruptcy Appellate Panel of the Tenth Circuit · 1997
  4. In Re United States Lines, Inc.Court of Appeals for the Second Circuit · 1999
  5. Central Vermont Public Service Corporation v. Harold Herbert and Edith HerbertCourt of Appeals for the Second Circuit · 2003

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