Legal Opinion

Prime, Inc. v. Illinois Department of Transportation (In Re Prime, Inc.)

United States Bankruptcy Court, W.D. Missouri

Decided December 11, 1984No. 19-60206PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JOEL PELOFSKY, Bankruptcy Judge.

Prime, Inc., a Chapter 11 debtor, located in Springfield, Greene County, Missouri, operates an over-the-road interstate trucking company. In March of 1984 it filed in this Court a complaint alleging that one of its vehicles was damaged as a result of faulty maintenance of highways by the Illinois Department of Transportation. The State of Illinois moved to dismiss contending that it had not waived its sovereign immunity to suit in this forum.

The cause of action accrued post-petition. Therefore, the place where the action may be…

2Cases cited13 opinions

  1. Edelman v. JordanSupreme Court of the United States · 1974
  2. Quern v. JordanSupreme Court of the United States · 1979
  3. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  4. Employees of Department of Public Health v. Department of Public HealthSupreme Court of the United States · 1973
  5. Parden v. Terminal Railway of Alabama State Docks DepartmentSupreme Court of the United States · 1964

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3Cited by8 opinions

  1. In Re Willington Convalescent Home, Inc., Debtor. Martin W. Hoffman, Trustee v. State of Connecticut, Department of Income Maintenance and State of Connecticut, Department of Health Services, United States of America, Intervenor-Appellee. In Re Edward Zera, Debtor. Martin W. Hoffman, Trustee v. State of Connecticut, Department of Revenue Services, United States of America, Intervenor-AppelleeCourt of Appeals for the Second Circuit · 1988
  2. In Re JamesDistrict Court, E.D. Pennsylvania · 1990
  3. United States Ex Rel. Farmers Home Administration v. KetelsenDistrict Court, D. South Dakota · 1988
  4. Rhode Island Ambulance Services, Inc. v. Begin (In Re Rhode Island Ambulance Services, Inc.)United States Bankruptcy Court, D. Rhode Island · 1988
  5. Wooten v. United States Ex Rel. Department of the InteriorDistrict Court, W.D. Louisiana · 1985

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