Legal Opinion

Minerex Erdoel, Inc., Cross-Appellees v. Sina, Inc., Baker, Smith & Mills, F/k/a Baker, Miller, Mills & Murray, Cross-Appellants

Court of Appeals for the Fifth Circuit

Decided March 3, 1988No. 86-1449PublishedCited by 14 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge:

Nominally this appeal concerns the proper allowance of counsel fees in a bankruptcy case. We never get to the merits of that controversy, however, because the District Court on the appeal from the bankruptcy court referred the appeal to a magistrate for determination. We hold such reference improper and vacate the unauthorized decision by the magistrate.

In the Beginning

The firm of Baker, Smith and Mills originally undertook simultaneously to represent before the bankruptcy court both (i) a set of four limited partnerships that all filed for reorganization…

2Cases cited5 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  3. United States v. Lois E. Hilton FordCourt of Appeals for the Fifth Circuit · 1987
  4. In the Matter of Elcona Homes Corporation, Bankrupt-AppellantCourt of Appeals for the Seventh Circuit · 1987
  5. Bayer v. NicolaCourt of Appeals for the Eighth Circuit · 1983

3Cited by14 opinions

  1. In The Matter Of Evangeline Refining CompanyCourt of Appeals for the Fifth Circuit · 1989
  2. Bannistor v. UllmanCourt of Appeals for the Fifth Circuit · 2002
  3. Bankr. L. Rep. P 73,521 in the Matter Of: Brian Carl Foreman, Debtor. Allstate Insurance Company v. Brian ForemanCourt of Appeals for the Fifth Circuit · 1990
  4. Continental Illinois National Bank & Trust Co. of Chicago v. Charles N. Wooten, Ltd. (In re Evangeline Refining Co.)Court of Appeals for the Fifth Circuit · 1989
  5. Keaty & Keaty v. Loyola Associates (In Re Stalter & Co.)District Court, E.D. Louisiana · 1989

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