Legal Opinion

Oliver Rubber Co. v. Griffin Retreading Co., Inc.

District Court, D. Minnesota

Decided December 23, 1985No. Civ. 4-85-918PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

DIANA E. MURPHY, District Judge.

Oliver Rubber Co. (Oliver), appeals from a bankruptcy court order dated May 7, 1985, denying an administrative expense claim for the value of certain rubber delivered to appellee Griffin Retreading Co. (Griffin).

On May 2, Oliver delivered 35,000 pounds of rubber to Griffin, which was insolvent at that time. 1 The following day, Griffin filed a Chapter 11 bankruptcy petition. On May 10, Oliver sent and Griffin received a mail-gram demanding return of the rubber. It is undisputed that Griffin had the rubber, valued at $27,922.36, in…

2Cases cited6 opinions

  1. In Re Coast Trading Company, Inc.Court of Appeals for the Ninth Circuit · 1984
  2. George H. Clay, Trustee and Securities Investor Protection Corp. v. Traders Bank of Kansas CityCourt of Appeals for the Eighth Circuit · 1983
  3. McCain Foods, Inc. v. Flagstaff Foodservice Co. (In Re Flagstaff Foodservice Corp.)United States Bankruptcy Court, S.D. New York · 1981
  4. Action Industries, Inc. v. Dixie Enterprises, Inc. (In Re Dixie Enterprises, Inc.)United States Bankruptcy Court, S.D. Ohio · 1982
  5. Western Farmers Ass'n v. Ciba Geigy (In Re Western Farmers Ass'n)United States Bankruptcy Court, W.D. Washington · 1980

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3Cited by6 opinions

  1. In Re Rawson Food Service, Inc., Debtor. Flav-O-Rich, Inc., Cross-Appellee v. Rawson Food Service, Inc., Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1988
  2. Bankr. L. Rep. P 71,251, 1 Ucc rep.serv.2d 1187 in the Matter of Griffin Retreading Company, Debtor. Griffin Retreading Company v. Oliver Rubber CompanyCourt of Appeals for the Eighth Circuit · 1986
  3. Monfort, Inc. v. Kunkel (In Re Morken)United States Bankruptcy Court, D. Minnesota · 1995
  4. Griffin Retreading Co. v. Oliver Rubber Co.Court of Appeals for the Eighth Circuit · 1986
  5. In Re Hartz Foods, Inc.United States Bankruptcy Court, D. Minnesota · 2001

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