Legal Opinion

American Chemical Works Co. v. International Nickel, Inc. (In Re American Chemical Works Co.)

United States Bankruptcy Court, D. Rhode Island

Decided June 1, 1999No. Bankruptcy No. 94-11199. Adversary No. 94-1177PublishedCited by 7 opinions

1Opinion of the Court

DECISION AND ORDER

ARTHUR N. VOTOLATO, Bankruptcy Judge.

The Plaintiff/Debtor, American Chemical Works Company (“ACW”), complains and alleges that the Defendant, International Nickel, Inc. (“INCO”): (1) willfully violated the automatic stay § 362(h) by terminating its nickel distributorship agreement; (2) breached an implied covenant of good faith and fair dealing; and (3) breached the distributorship agreement by failing to renew the contract at year end 1994, and further acted in bad faith by failing to even consider renewal of the contract at year end 1994. For these alleged misdeeds, ACW…

2Cases cited22 opinions

  1. Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
  2. Sons of Thunder, Inc. v. Borden, Inc.Supreme Court of New Jersey · 1997
  3. Pickett v. Lloyd'sSupreme Court of New Jersey · 1993
  4. Palisades Properties, Inc. v. BrunettiSupreme Court of New Jersey · 1965
  5. In Re Chateaugay Corporation, Reomar, Incorporated, the Ltv Corporation, Debtors. Maritime Asbestosis Legal Clinic v. Ltv Steel Company, Inc.Court of Appeals for the Second Circuit · 1990

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3Cited by7 opinions

  1. Spookyworld, Inc. v. Town of BerlinCourt of Appeals for the First Circuit · 2003
  2. Paloian v. LaSalle Bank National Ass'n (In re Doctors Hospital of Hyde Park, Inc.)United States Bankruptcy Court, N.D. Illinois · 2013
  3. Montgomery Ward, LLC v. Wiseknit Factory, Ltd. (In Re Montgomery Ward, LLC)United States Bankruptcy Court, D. Delaware · 2003
  4. In Re Al-JibouryUnited States Bankruptcy Court, D. Massachusetts · 2006
  5. Spookyworld, Inc. v. Town of Berlin (In Re Spookyworld, Inc.)United States Bankruptcy Court, D. Massachusetts · 2003

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