Legal Opinion

Buchanan v. State Street Research Equity Trust (In Re Color Tile, Inc.)

District Court, D. Delaware

Decided October 6, 2004No. Bankruptcy Nos. 96-76(HSB) through 96-80(HSB). Adversary No. 98-90. Civ. No. 98-358-SLRPublished

1Opinion of the Court

OPINION

SUE L. ROBINSON, Chief Judge.

1. INTRODUCTION

On January 15, 1998, plaintiff 1 filed its initial complaint against, inter alia, Cede & Co. (“Cede”), asserting that dividends Color Tile paid to Cede and other corporations were fraudulent transfers that should be returned to plaintiff. (D.I. 288 at 2) Several years after its initial complaint, plaintiff discovered that defendants 2 were also beneficial owners of this preferred stock. (Id. at 3) Plaintiff filed an amended complaint to include defendants. (D.I. 286 at 2) Defendants thereafter filed a motion for summary judgment asserting…

2Cases cited14 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Pennsylvania Coal Association, an Unincorporated Association v. Bruce Babbitt, Secretary of the Interior of the United States Department of Interior Robert Uram, Director, Office of Surface Mining Reclamation and Enforcement, United States Department of Interior, Pennsylvania Department of Environmental Resources (Der), Intervenor in D.C. Pennsylvania Coal Association, an Unincorporated Association v. Bruce Babbitt, Secretary of the Interior of the United States Department of Interior Robert Uram, Director, Office of Surface Mining Reclamation and Enforcement, United States Department of Interior Pennsylvania Department of Environmental Resources (Der), Intervenor in D.C. Commonwealth of Pennsylvania, Department of Environmental ResourcesCourt of Appeals for the Third Circuit · 1995
  5. Dona W. Horowitz, Individually and as Co-Executrix of the Estate of Leonard N. Horowitz, Deceased Alfred Camner, Co-Executor of the Estate of Leonard N. Horowitz, Deceased v. Federal Kemper Life Assurance Company, in No. 94-1900. Dona W. Horowitz, Individually and as Co-Executrix of the Estate of Leonard N. Horowitz, Deceased Alfred Camner, Co-Executor of the Estate of Leonard N. Horowitz, Deceased, in No. 94-1901 v. Federal Kemper Life Assurance CompanyCourt of Appeals for the Third Circuit · 1995

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