Legal Opinion
John Deere Co. v. Cole Bros. (In Re Cole Bros.)
District Court, W.D. Michigan
Decided September 2, 1992No. 1:92-cv-00219PublishedCited by 6 opinions
1Opinion of the Court
OPINION
BENJAMIN F. GIBSON, Chief Judge.
This is an appeal from a bankruptcy court order allowing debtor Cole Brothers to assume certain executory contracts it has with appellants John Deere Co. (“JDC”) and Deere Industrial Equipment Co. (“Deere Industrial”). 1 A hearing on this matter was held on August 12, 1992. Upon review of the record on appeal and the arguments presented, for the following reasons the appeal is granted and the bankruptcy court order is reversed.
I
The facts are not in dispute. Debtor is a John Deere dealer in the business of selling agricultural, industrial, utility, and…
2Cases cited5 opinions
- In Re Sun Runner Marine, Inc., D/B/A Sun Runner Yachts, Debtor. Transamerica Commercial Finance Corporation v. Citibank, N.A.Court of Appeals for the Ninth Circuit · 1991
- Government National Mortgage Corp. v. Adana Mortgage Bankers, Inc. (In Re Adana Mortgage Bankers, Inc.)United States Bankruptcy Court, N.D. Georgia · 1980
- Whinnery v. Bank of Onalaska (In Re Taggatz)United States Bankruptcy Court, W.D. Wisconsin · 1989
- In Re Cole Bros., Inc.United States Bankruptcy Court, W.D. Michigan · 1992
- In Re Taylor Freezers of Alabama, Inc.United States Bankruptcy Court, N.D. Alabama · 1990
3Cited by6 opinions
- In Re Best Products Co., Inc.United States Bankruptcy Court, E.D. Virginia · 1997
- Foothill Capital Corp. v. Official Unsecured Creditors' Committee of Midcom Communications, Inc.District Court, E.D. Michigan · 2000
- In Re Twin City Power Equipment, Inc.District Court, C.D. Illinois · 2004
- Express Grain Terminals, LLCUnited States Bankruptcy Court, N.D. Mississippi · 2021
- Express Grain Terminals, LLCUnited States Bankruptcy Court, N.D. Mississippi · 2021
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