Legal Opinion

Neptune World Wide Moving, Inc. v. Schneider Moving & Storage Co. (In Re Neptune World Wide Moving, Inc.)

United States Bankruptcy Court, S.D. New York

Decided March 27, 1990No. 09-09014PublishedCited by 32 opinions

1Opinion of the Court

DECISION ON DEFENDANT’S MOTION TO DISMISS ADVERSARY PROCEEDING

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The defendants, Schneider Moving & Storage Company (“Schneider”) and Burn-ham Service Corporation (“Burnham”) have moved for an order dismissing the complaint and amended complaint in this adversary proceeding filed by Neptune World Wide Moving, Inc. (“Neptune”), a confirmed former Chapter 11 debtor. The defendants’ motion for dismissal recites that this court lacks jurisdiction of the plaintiff’s adversary proceeding and that the complaint fails to state a cause of action upon which relief can…

2Cases cited19 opinions

  1. Katchen v. LandySupreme Court of the United States · 1966
  2. Davis v. WakeleeSupreme Court of the United States · 1895
  3. Scarano v. Central R. Co. Of New JerseyCourt of Appeals for the Third Circuit · 1953
  4. In Re Manville Forest Products Corporation, Debtor. Gulf States Exploration Co. v. Manville Forest Products CorporationCourt of Appeals for the Second Circuit · 1990
  5. William Edwards v. Aetna Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1982

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3Cited by32 opinions

  1. Ryan Operations G.P., a Virginia General Partnership and Nvr, L.P., a Virginia Limited Partnership, on Behalf of Its Division, Nvr Building Products Co. v. Santiam-Midwest Lumber Co., an Oregon Corporation Furman Lumber, Inc., a Massachusetts Corporation Bright Wood Corp., an Oregon Corporation. Bright Wood Corp., Third Party v. Forrest Paint Co., Inc., an Oregon Corporation Guardsman Products, Inc., a Delaware Corporation, Third Party Ryan Operations G.P. And Nvr, L.P. And Its Division, Nvr Building Products Co.Court of Appeals for the Third Circuit · 1996
  2. In Re Johns-Manville Corp., Debtors. The Hospital and University Property Damage v. Johns-Manville CorporationCourt of Appeals for the Second Circuit · 1993
  3. Harstad v. First American Bank (In Re Harstad)United States Bankruptcy Court, D. Minnesota · 1993
  4. Rednel Tower, Ltd. v. Riverside Nursing Home (In Re Riverside Nursing Home)District Court, S.D. New York · 1992
  5. Ryan Operations G.P. v. Santiam-Midwest Lumber Co.Court of Appeals for the Third Circuit · 1996

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