Legal Opinion

Gumport v. Interstate Commerce Commission (In re Transcon Lines)

United States Bankruptcy Court, C.D. California

Decided February 1, 1995No. Bankruptcy No. 93-22207-DN; Adv. No. 92-04510PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM DECISION

ROBIN L. RIBLET, Bankruptcy Judge.

Leonard Gumport, chapter 7 trustee of the estate of Transcon Lines, has brought a motion under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), seeking to recover attorney’s fees and costs incurred in litigating the legality of certain regulations issued by the Interstate Commerce Commission. Based upon the following discussion, the court finds the award of fees appropriate under the circumstances of this case.

I. FACTS

Prior to bankruptcy Transcon Lines (“Transcon”) operated a large interstate trucking business. On May 1,1990, an…

2Cases cited29 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Reiter v. CooperSupreme Court of the United States · 1993
  3. Board of Governors of the Federal Reserve System v. MCorp Financial, Inc.Supreme Court of the United States · 1991
  4. Rawlings v. HecklerCourt of Appeals for the Ninth Circuit · 1984
  5. In Re Cascade Roads, Inc., Debtor. United States of America v. Peter H. Arkison, TrusteeCourt of Appeals for the Ninth Circuit · 1994

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3Cited by4 opinions

  1. In Re Merritt Yochum and Rose Marie Yochum, Debtors. United States of America v. Merritt Yochum and Rose Marie YochumCourt of Appeals for the Ninth Circuit · 1996
  2. Stern v. Commonwealth of Massachusetts Alcohol Beverage Control Commission (In Re J.F.D. Enterprises, Inc.)United States Bankruptcy Court, D. Massachusetts · 1995
  3. Megan Marie TeterUnited States Bankruptcy Court, N.D. Ohio · 2021
  4. Teter v. BaumgartDistrict Court, N.D. Ohio · 2022

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