Legal Opinion

In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-Appellee

Court of Appeals for the Ninth Circuit

Decided August 2, 1988No. 86-4435PublishedCited by 184 opinions

1Opinion of the Court

GOODWIN, Circuit Judge:

Burlington Northern Railroad Company appeals from the district court order denying its claim for administrative expense priority against the bankruptcy estate of Dant & Russell, Inc. We affirm in part and reverse in part and remand for further proceedings.

Dant & Russell, Inc. (debtor-in-possession), operated a wood treatment plant and storage facilities on two parcels of land from 1972 to December 1983. Logs were stored on one parcel, the Vadis site, and then treated with creosote and other chemicals at the North Plains site.

Debtor-in-possession owned most of the land…

2Cases cited39 opinions

  1. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  2. Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
  3. Ohio v. KovacsSupreme Court of the United States · 1985
  4. In Re Mammoth Mart, Inc., Debtor. Stanley Cramer v. Mammoth Mart, Inc.Court of Appeals for the First Circuit · 1976
  5. 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

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3Cited by184 opinions

  1. In Re Roth American, Inc., Debtor. Teamsters Local Union No. 401 Health & Welfare Fund International Brotherhood of Teamsters, Local 401Court of Appeals for the Third Circuit · 1992
  2. In Re LavigneCourt of Appeals for the Second Circuit · 1997
  3. Ford Motor Credit Company v. Rayfeal C. Dobbins, A/K/A Ray C. Dobbins Mary Ellen DobbinsCourt of Appeals for the Fourth Circuit · 1994
  4. Great Western Saving Bank v. Orvco, Inc. (In Re Orvco, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
  5. In Re Mid Region Petroleum, Inc., Debtor. General American Transportation Corporation v. W. Scott Martin, Trustee of Mid Region Petroleum, Inc.Court of Appeals for the Tenth Circuit · 1993

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