National Sugar Refining Co. v. Ma's Old Fashioned Root Beer (In Re National Sugar Refining Co.)
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
DECISION ON MOTION TO DISMISS AND TO CHANGE VENUE
EDWARD J. RYAN, Bankruptcy Judge.
On May 13, 1982, debtor in possession, National Sugar Refining Company (“National”) and its lender, co-plaintiff Bankers Trust Company (the “Bank”), jointly filed a summons and complaint against defendant, Ma’s Old Fashioned Root Beer (“Old Fashioned”), seeking the assumption of two purported executory contracts and damages relating to the breach of said contracts. On June 3,1982 defendant moved this court for an order dismissing the complaint in its entirety or, alternatively, dismissing it as to either one or…
2Cases cited6 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scott v. Fort Ord Federal Credit Union (In Re G. Weeks Securities, Inc.)United States Bankruptcy Court, W.D. Tennessee · 1980
- Budco, Inc. v. The Big Fights, Inc.Court of Appeals for the Second Circuit · 1979
- John P. Maguire & Co. v. David Rosenthal Associates, Inc. (In Re Lewis Carpet Mills, Inc.)United States Bankruptcy Court, N.D. Georgia · 1981
- Lindsey v. Morgan (In Re Cox Cotton Co.)United States Bankruptcy Court, E.D. Arkansas · 1981
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- In Re HildebrandUnited States Bankruptcy Court, D. Colorado · 1997
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