Legal Opinion

Boone Coal and Timber Company v. William J.M. Polan (85-5400), the Bank of New York (85-5408)

Court of Appeals for the Sixth Circuit

Decided April 8, 1986No. 85-5400, 85-5408PublishedCited by 41 opinions

1Opinion of the Court

GUY, Circuit Judge.

Defendants appeal an order of the district court reversing the bankruptcy court’s denial of plaintiff's request for relief from the automatic stay provisions of the Bankruptcy Code, 11 U.S.C. § 362, as well as reversing the bankruptcy court’s refusal to remand the case to state court. For the reasons stated below, we affirm.

On March 20, 1975, plaintiff Boone Coal leased to Polan, the debtor-lessee, several tracts of land in Magoffin County, Kentucky, upon which plaintiff held broad form coal mining rights. Polan was to pay plaintiff a recoupable minimum annual royalty of…

2Cases cited21 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  3. Browning v. NavarroCourt of Appeals for the Fifth Circuit · 1984
  4. White Motor Corporation, Debtor and Debtor in Possession v. Citibank, N.A. And the Other Bank Creditors Listed on Exhibit 1Court of Appeals for the Sixth Circuit · 1983
  5. United States v. RiceSupreme Court of the United States · 1946

16 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. J.C. Wyckoff & Associates, Inc. v. Standard Fire InsuranceCourt of Appeals for the Sixth Circuit · 1991
  2. John Perotti v. Richard P. Seiter, Gary F. Brown, Sgt.Court of Appeals for the Sixth Circuit · 1991
  3. Gary Kusens, Plaintiff-Appellant/cross-Appellee v. Pascal Company, Inc., Defendants-Appellees/cross-AppellantsCourt of Appeals for the Sixth Circuit · 2006
  4. Catherine Gossman v. Dr. David T. Allen Chris Gorman Irv Maze Darryl Owens and Harvey Sloane, Louisville & Jefferson County Board of HealthCourt of Appeals for the Sixth Circuit · 1991
  5. Paxton National Insurance Co. v. British American Associates (In Re Pacor Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1987

36 more not listed; retrieve them via the Exa API.

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