Legal Opinion
In Re Delaware & Hudson Railway Co.
District Court, D. Delaware
Decided January 24, 1989No. Civ. A. 88-511 MMSPublishedCited by 37 opinions
1Opinion of the Court
MURRAY M. SCHWARTZ, Chief Judge.
The New York State Department of Transportation (“NYSDOT”) has appealed to this Court the order of the United States Bankruptcy Court for the District of Delaware refusing to transfer venue of the railroad reorganization case of the Delaware and Hudson Railway Company (the “D & H”). 1 The trustee of the railroad, Francis P. Dicello (“Dicello”) has moved to dismiss NYSDOT’s appeal on two grounds: (1) the Bankruptcy Court’s order denying transfer of venue is a nonappealable, interlocutory order; and (2) section 1164 of the Bankruptcy Code specifically prohibits…
2Cases cited18 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Catlin v. United StatesSupreme Court of the United States · 1945
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
13 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- AP Industries, Inc. v. SN Phelps (In Re AP Industries, Inc.)United States Bankruptcy Court, S.D. New York · 1990
- United States Trustee v. Sorrells (In Re Sorrells)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
- Mata v. Eclipse Aerospace, Inc. (In Re AE Liquidation, Inc.)District Court, D. Delaware · 2011
- Bowie Produce Co. v. Magic American Cafe, Inc. (In Re Magic Restaurants, Inc.)District Court, D. Delaware · 1996
- K-Mart Corp. v. Swann Ltd. Partnership (In Re Swann Ltd. Partnership)District Court, D. Maryland · 1991
32 more not listed; retrieve them via the Exa API.