Legal Opinion
Smith v. Concord Coal Corp. (In Re Concord Coal Corp.)
United States Bankruptcy Court, S.D. West Virginia
Decided February 2, 1981No. Bankruptcy No. 80-20299, Adv. No. 80-0196PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM OF OPINION
EDWIN F. FLOWERS, Bankruptcy Judge.
E. Newbold Smith, the holder of a one-third equity security interest in the Debtor corporation, seeks the ouster of the Debtor’s current management and the appointment of a trustee under 11 U.S.C. § 1104. Mr. Smith’s request is supported by a unanimous Creditors’ Committee.
The matter comes for determination on an application and a complaint filed by Mr. Smith, the complaint seeking injunctive relief in addition to the appointment of a trustee. Injunctive relief was denied on November 17, 1980, and that proceeding was merged with…
2Cases cited2 opinions
- Dardarian v. La Sherene, Inc. (In Re La Sherene, Inc.)United States Bankruptcy Court, N.D. Georgia · 1980
- In Re 1243 20th Street, Inc.District Court, District of Columbia · 1980
3Cited by15 opinions
- In Re Sharon Steel Corporation, Debtor. Appeal of Dwg Corporation and Victor PosnerCourt of Appeals for the Third Circuit · 1989
- In Re Ionosphere Clubs, Inc.United States Bankruptcy Court, S.D. New York · 1990
- In Re Oklahoma Refining Company, Debtor. Oklahoma Refining Company v. William Blaik, TrusteeCourt of Appeals for the Tenth Circuit · 1988
- In Re Euro-American Lodging Corp.United States Bankruptcy Court, S.D. New York · 2007
- In Re TylerUnited States Bankruptcy Court, S.D. Florida. · 1982
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