Legal Opinion
Kimbell Foods, Inc. v. Republic National Bank
Court of Appeals for the Fifth Circuit
Decided August 12, 1977No. 75-4105PublishedCited by 20 opinions
1Opinion of the Court
GEE, Circuit Judge:
On this appeal we must decide which creditor of a mercantile chain enjoys priority to repayment from the proceeds of the sale of assets of three supermarkets, aggregating $86,672. One of these is the Small Business Administration (hereinafter SBA), an avatar of the United States, serving as the guarantor of a private loan to the debt- or. SBA claims the special priority enjoyed by the sovereign in collecting taxes and the debts owed it by insolvents. We conclude that the SBA lacks priority under either state or federal law.
The other parties are the debtor, 0. K.…
2Cases cited53 opinions
- Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
- United States v. City of New BritainSupreme Court of the United States · 1954
- Miree v. DeKalb CountySupreme Court of the United States · 1977
- United States v. Security Trust & Savings BankSupreme Court of the United States · 1950
- City of Pinehurst v. Spooner Addition Water Co.Texas Supreme Court · 1968
48 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In Re Stratford Of Texas, Inc.Court of Appeals for the Fifth Circuit · 1981
- Barbara J. Eatmon v. Bristol Steel & Iron Works, Inc., Barbara J. Eatmon, Cross-Appellees v. Bristol Steel & Iron Works, Inc., Cross-Appellant. Barbara J. Eatmon v. Bristol Steel & Iron Works, Inc.Court of Appeals for the Eleventh Circuit · 1985
- 17 Fair empl.prac.cas. 1767, 17 Empl. Prac. Dec. P 8534 Freddie Eaton v. Courtaulds of North America, Inc.Court of Appeals for the Fifth Circuit · 1978
- North Shore Laboratories Corp. v. Harris C. Cohen, Leonard Lyons, Richard Wolf, the Wonder Seal Co., Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1983
- United States v. Vahlco Corp.Court of Appeals for the Fifth Circuit · 1983
15 more not listed; retrieve them via the Exa API.