Legal Opinion
Eastern Minerals & Chemicals Co. Cary W. Ahl, Sr. v. Gary H. Mahan
Court of Appeals for the Third Circuit
Decided August 23, 2000No. 99-3320PublishedCited by 149 opinions
1Opinion of the Court
OPINION OF THE COURT
RENDELL, Circuit Judge.
Eastern Minerals & Chemicals Co., a creditor of Delta Carbonate Inc., appeals an order of the District Court precluding it from seeking recovery from Delta’s sole shareholder, Gary Mahan, on an alter ego theory because Eastern should have pursued this claim in the context of Delta’s bankruptcy case. We conclude that the District Court misapplied claim preclusion in this bankruptcy setting. Therefore, we will reverse the District Court’s order granting Mahan’s motion for summary judgment.
Eastern also appeals the District Court’s denial of its motion…
2Cases cited23 opinions
- First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
- In Re Varat Enterprises, Inc., Debtor. First Union Commercial Corporation v. Nelson, Mullins, Riley and ScarboroughCourt of Appeals for the First Circuit · 1996
- United States v. NolandSupreme Court of the United States · 1996
- Manuel KAPLAN; Carol Kaplan; MK Investments, Inc., Appellants, v. FIRST OPTIONS OF CHICAGO, INC., AppelleeCourt of Appeals for the First Circuit · 1994
- CoreStates Bank, N.A. v. Huls America, Inc.Court of Appeals for the Third Circuit · 1999
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3Cited by149 opinions
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- Race Tires America, Inc. v. Hoosier Racing Tire Corp.Court of Appeals for the Third Circuit · 2010
- Premier Comp Solutions LLC v. UPMCCourt of Appeals for the Third Circuit · 2020
- Chancellor v. Pottsgrove School DistrictDistrict Court, E.D. Pennsylvania · 2007
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