Legal Opinion

Bela M. Haberern v. The Lehigh and New England Railway Company

Court of Appeals for the Third Circuit

Decided April 18, 1977No. 76-1826PublishedCited by 27 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

An employee’s suit against a bankrupt railroad and its receiver to recover a pension and compensation was sidetracked by a stay ordered by the district court because of the reorganization court’s broad ban on liti gation. We conclude that, in the unique situation presented, the stay is appealable and 28 U.S.C. § 959(a) clears the tracks for the suit to proceed.

Plaintiff filed suit in the United States District Court for the Eastern District of Pennsylvania claiming benefits under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51, et seq., for…

2Cases cited16 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Thompson v. Texas Mexican Railway Co.Supreme Court of the United States · 1946
  3. McNulta v. LochridgeSupreme Court of the United States · 1891
  4. Posternack v. Am. Cas. Co. of ReadingSupreme Court of Pennsylvania · 1966
  5. Diners Club, Inc. v. A. J. Bumb, Trustee of Dashew Business MacHines Inc.Court of Appeals for the Ninth Circuit · 1970

11 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Continental Air Lines, Inc. v. Hillblom (In Re Continental Air Lines, Inc.)District Court, S.D. Texas · 1986
  2. Muratore v. DarrCourt of Appeals for the First Circuit · 2004
  3. Cheyney State College Faculty v. HufstedlerCourt of Appeals for the Third Circuit · 1983
  4. In re Chicago Pacific Corp.Court of Appeals for the Seventh Circuit · 1985
  5. Baptist Medical Center v. Singh (In Re Baptist Medical Center)United States Bankruptcy Court, E.D. New York · 1987

22 more not listed; retrieve them via the Exa API.

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