Legal Opinion

Mixon v. Anderson

Court of Appeals for the Eighth Circuit

Decided April 14, 1987No. 86-1729PublishedCited by 6 opinions

1Opinion of the Court

MAGILL, Circuit Judge.

The sole issue in this appeal is whether a Chapter 7 bankruptcy trustee has standing to assert, on behalf of the debtor corporation's creditors, an alter ego action against the principals of the corporation. The district court1 held in the negative. For the reasons discussed below, we affirm.

I. BACKGROUND.

In September of 1980, Bruce Anderson and Elmer Dale Yancey purchased Ozark Restaurant Equipment Co., Inc. (“Ozark”) of Springdale, Arkansas, the debtor in this case. Both were 50% shareholders and directors of the corporation; Yancey was also an officer. In addition to…

2Cases cited17 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Caplin v. Marine Midland Grace Trust Co. of New YorkSupreme Court of the United States · 1972
  3. Johnson v. First National Bank Of MontevideoCourt of Appeals for the First Circuit · 1983
  4. Henderson v. Buchanan (In Re Western World Funding, Inc.)United States Bankruptcy Court, D. Nevada · 1985
  5. Rounds & Porter Lumber Co. v. BurnsSupreme Court of Arkansas · 1949

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3Cited by6 opinions

  1. In Re Ozark Restaurant Equipment Co., Inc. James G. Mixon, Trustee v. Bruce Anderson, Elmer Dale Yancey, Kenneth Eads, Robert Whiteley and Anderson Cajun's Wharf, James G. Mixon, Trustee v. Anderson Cajun's Wharf, James G. Mixon, Trustee v. Ed Yancey, Bruce Anderson and Kenneth EadsCourt of Appeals for the Eighth Circuit · 1987
  2. Stamp v. Inamed Corp.District Court, N.D. Illinois · 1991
  3. Pereira Ex Rel. Trace International Holdings, Inc. v. CoganDistrict Court, S.D. New York · 2001
  4. In Re Amereco Environmental Services, Inc.United States Bankruptcy Court, W.D. Missouri · 1991
  5. Hirsch v. Arthur Andersen & CompanyCourt of Appeals for the Second Circuit · 1995

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