Legal Opinion

Mohawk Industries, Inc. v. Robinson Industries, Inc.

District Court, D. Massachusetts

Decided January 10, 1985No. Adv. 4-84-0096PublishedCited by 65 opinions

1Opinion of the Court

MEMORANDUM

FREEDMAN, District Judge.

This matter is before me on plaintiff/debtor Mohawk Industries’ motion for referral to the bankruptcy court. Defendant Robinson Industries opposes debtor’s motion. Because I find that debtor’s action against defendant is not a “core” proceeding within the meaning of § 157(b) of the Bankruptcy Amendments and Federal Judgeship Act of 1984 (“1984 Act”), 28 U.S.C., § 157(b), and because the parties have demanded a jury trial, I must deny debtor’s motion for referral.

Debtor was under contract to supply the United States Department of Defense with some small…

2Cases cited2 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. Atlas Automation, Inc. v. Jensen, Inc. (In Re Atlas Automation, Inc.)United States Bankruptcy Court, E.D. Michigan · 1984

3Cited by65 opinions

  1. In Re ARNOLD PRINT WORKS, INC., Debtor. ARNOLD PRINT WORKS, INC., Appellant, v. Joseph APKIN, Et Al., AppelleesCourt of Appeals for the First Circuit · 1987
  2. In Re Castlerock Properties, Debtor. Piombo Corporation, a California Corporation v. Castlerock Properties, a California Limited PartnershipCourt of Appeals for the Ninth Circuit · 1986
  3. Acolyte Electric Corp. v. City of New YorkUnited States Bankruptcy Court, E.D. New York · 1986
  4. 18 Collier bankr.cas.2d 34, Bankr. L. Rep. P 72,032, 5 Ucc rep.serv.2d 354 in Re Meyertech Corp., Debtor. Southeastern Sprinkler Company, Inc. v. Meyertech CorpCourt of Appeals for the Third Circuit · 1987
  5. Braucher v. Continental Illinois National Bank & Trust Co. (In Re Illinois-California Express, Inc.)United States Bankruptcy Court, D. Colorado · 1985

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