Legal Opinion
Holland America Insurance Company v. Succession of Shepherd J. Roy, the Union Bank and Central Pecan Shelling Company, Inc.
Court of Appeals for the Fifth Circuit
Decided December 4, 1985No. 84-4689PublishedCited by 344 opinions
1Opinion of the Court
OPINION
EDITH HOLLAN JONES, Circuit Judge:
This appeal results from an order of the district court preliminarily enjoining state court litigation over the proceeds of a bankrupt company’s fire insurance policy. We find that (1) the district court had jurisdiction and (2) the bankruptcy automatic stay did not bar litigation in the district court, but (3) it was improper to issue an injunction, and (4) the district court should consider delegating this controversy to its adjunct bankruptcy court.
I. PROCEDURAL BACKGROUND
Holland America Insurance Company issued a fire insurance policy in November…
2Cases cited17 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Thomas v. Union Carbide Agricultural Products Co.Supreme Court of the United States · 1985
- State Farm Fire & Casualty Co. v. TashireSupreme Court of the United States · 1967
- Carlton v. Baww, Inc.Court of Appeals for the Fifth Circuit · 1985
- Productos Carnic, S.A., a Nicaraguan Corporation v. Central American Beef and Seafood Trading Company, a Florida Corporation v. United States Cold Storage, an Unincorporated Division of American Consumer Industries, a New York CorporationCourt of Appeals for the Fifth Circuit · 1980
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3Cited by344 opinions
- In Re Orion Pictures Corporation, Debtor, Orion Pictures Corporation v. Showtime Networks, Inc., Formerly Known as Showtime/the Movie Channel, Inc.Court of Appeals for the Second Circuit · 1993
- Janvey v. AlguireCourt of Appeals for the Fifth Circuit · 2011
- In the Matter of Lewis Anson David Edgeworth, M.D., Debtor. Donna Elaine Houston v. Lewis Anson David Edgeworth, M.D.Court of Appeals for the Fifth Circuit · 1993
- Daniels Health Sciences, L.L.C. v. Vascular Health Sciences, L.L.C.Court of Appeals for the Fifth Circuit · 2013
- Alfred D. White v. Frank C. Carlucci, Secretary, Department of Defense, and James Webb, Secretary, Department of the NavyCourt of Appeals for the Fifth Circuit · 1989
339 more not listed; retrieve them via the Exa API.