Legal Opinion
Clifford E. Willis v. Gladding Corporation
Court of Appeals for the Fifth Circuit
Decided February 8, 1978No. 77-2567PublishedCited by 4 opinions
1Opinion of the Court
RONEY, Circuit Judge:
In this case the district court dismissed a damage suit brought against defendant Gladding Corporation upon learning that Gladding had filed a Chapter XI petition under the Bankruptcy Act. The district court should have stayed the suit rather than dismissing it. We vacate and remand.
Clifford E. Willis filed this diversity action against Gladding in a Florida district court, seeking damages for Gladding’s alleged breach of an employment contract. While the suit was pending, Gladding filed in a Massachusetts federal court a petition for an arrangement under Chapter XI of…
2Cases cited4 opinions
- First Wisconsin National Bank of Milwaukee, Etc. v. Grandlich Development Corp., Etc.Court of Appeals for the First Circuit · 1978
- Preferred Surfacing, Inc. v. Gwinnett Bank & Trust Co.District Court, N.D. Georgia · 1975
- Bernard W. Piel, D/B/A Elliot Tool and Manufacturing Company v. Harvard Interiors Manufacturing Company, a Division of Harvard Industries, Inc.Court of Appeals for the Eighth Circuit · 1974
- In the Matter of Noel Berthold Baum, Debtor. Noel Berthold Baum v. R. C. AndersonCourt of Appeals for the Fifth Circuit · 1976
3Cited by4 opinions
- In Re Lyondell Chemical Co.United States Bankruptcy Court, S.D. New York · 2009
- Chubb Pacific Indemnity Group v. Twin Lakes Village, Inc.Nevada Supreme Court · 1982
- United Merchants & Manufacturers, Inc. v. GoldenbergDistrict Court, N.D. Texas · 1978
- Goodman v. SheehanMassachusetts Appeals Court · 1978