Legal Opinion
United States v. Nicolet, Inc. And Turner and Newall, Plc v. Turner & Newall Plc. Appeal of Nicolet, Inc. Appeal of Turner & Newall Plc
Court of Appeals for the Third Circuit
Decided September 16, 1988No. 88-1079, 88-1110PublishedCited by 118 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
After the United States had initiated this action to recover costs expended in the clean-up of a hazardous waste site, defendant petitioned for reorganization under Chapter 11 of the Bankruptcy Code. The district court ruled that the automatic bankruptcy stay did not apply to the government’s action, even though the complaint sought a money judgment for pre-pe-tition derelictions. We agree that the case should proceed to trial and, moreover, concur in the district court’s admonition that the government may not enforce any judgment it might obtain. We…
2Cases cited36 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
- Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
- Gulfstream Aerospace Corp. v. Mayacamas Corp.Supreme Court of the United States · 1988
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
31 more not listed; retrieve them via the Exa API.
3Cited by118 opinions
- In Re Sonnax Industries, Inc., Debtor. Sonnax Industries, Inc. v. Tri Component Products Corp.Court of Appeals for the Second Circuit · 1990
- Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
- In the Matter of JAMES WILSON ASSOCIATES, Debtor. Appeals of METROPOLITAN LIFE INSURANCE COMPANYCourt of Appeals for the Seventh Circuit · 1992
- In Re Edward S. PRUITT and Ida B. Pruitt. Appeal of LANDMARK SAVINGS ASSOCIATIONCourt of Appeals for the Third Circuit · 1990
- City of New York v. Exxon Corp.Court of Appeals for the Second Circuit · 1991
113 more not listed; retrieve them via the Exa API.