Legal Opinion

In Re: Eagle-Picher Industries, Inc., Debtor. Caradon Doors and Windows, Inc. v. Eagle-Picher Industries, Inc., Movant-Appellant

Court of Appeals for the Sixth Circuit

Decided May 5, 2006No. 04-3747PublishedCited by 37 opinions

1Opinion of the Court

SUTTON, Circuit Judge.

Eagle-Picher Industries emerged from Chapter 11 bankruptcy in November 1996, and in this case seeks to stay a $20 million patent-infringement action filed by Cara-don Doors and Windows against it in May 1997. After considerable collateral skirmishing, the merits of the stay motion focused on the following disagreement. Eagle-Picher contends that the patent-infringement claim cannot proceed because the confirmation of the 1996 reorganization plan discharged Caradon’s claim. Cara-don responds that the patent-infringement claim arose in the ordinary course of doing business…

2Cases cited15 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Reading Co. v. BrownSupreme Court of the United States · 1968
  3. In the Matter of Jartran, Inc., Debtor. Appeal of Reuben H. Donnelley Corporation and Sandra C. Tinsley, IncCourt of Appeals for the Seventh Circuit · 1984
  4. In Re Klein Sleep Products, Inc., Debtor. Nostas Associates v. Bernard W. Costich, Chapter 11 Trustee, and Official Committee of Unsecured CreditorsCourt of Appeals for the Second Circuit · 1996
  5. In Re United Trucking Service Inc., a Michigan Corporation, Debtor. United Trucking Service, Inc. v. Trailer Rental Company, Inc.Court of Appeals for the Sixth Circuit · 1988

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3Cited by37 opinions

  1. Menninger v. Schramm (In Re Schramm)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
  2. National Union Fire Insurance v. VP Buildings, Inc.Court of Appeals for the Sixth Circuit · 2010
  3. McMillan v. LTV Steel, Inc.Court of Appeals for the Sixth Circuit · 2009
  4. Susan Brown v. Douglas EllmannCourt of Appeals for the Sixth Circuit · 2017
  5. Timothy Ellis v. Westinghouse Electric Co LLCCourt of Appeals for the Third Circuit · 2021

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