Legal Opinion
Omaha National Bank v. T & T Parts Warehouse, Inc. (In Re T & T Parts Warehouse, Inc.)
United States Bankruptcy Court, W.D. Michigan
Decided April 14, 1984No. 20-00902PublishedCited by 10 opinions
1Opinion of the Court
OPINION AND ORDER ON MOTION TO DISMISS AS TO OLD KENT BANK
DAVID E. NIMS, Jr., Bankruptcy Judge.
This adversary proceeding is brought by three banks to determine their interest in funds deposited in debtor’s account in a fourth bank. The defendant bank, Old Kent Bank and Trust Company (Old Kent), of Grand Rapids, Michigan, filed a motion to dismiss.
The motion to dismiss is filed pursuant to Bankruptcy Rule 7012(b) and Fed.R.Civ.P. 12(b)(6).
“In reviewing a dismissal on the pleadings all allegations in the complaint are taken as true and the complaint is construed liberally in favor of the party…
2Cases cited26 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Edward E. Westlake v. William Lucas, Sheriff of Wayne CountyCourt of Appeals for the Sixth Circuit · 1976
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- Davis H. Elliot Co. Inc. v. Caribbean Utilities Co., Ltd.Court of Appeals for the Sixth Circuit · 1975
- United States v. CarterSupreme Court of the United States · 1910
21 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Huntington National Bank v. Schwartzman (In Re Schwartzman)United States Bankruptcy Court, S.D. Ohio · 1986
- McTevia v. Adamo (In Re Atlantic Mortgage Corp.)United States Bankruptcy Court, E.D. Michigan · 1987
- McLemore v. Third National Bank (In Re Montgomery)United States Bankruptcy Court, M.D. Tennessee · 1991
- In Re MontgomeryDistrict Court, M.D. Tennessee · 1992
- Ledford v. General Motors Acceptance Corp. (In re Lorandos)United States Bankruptcy Court, S.D. Ohio · 1986
5 more not listed; retrieve them via the Exa API.