Legal Opinion

National Labor Relations Board v. Adams Delivery Service, Inc. (In Re Adams Delivery Service, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided September 30, 1982No. BAP No. NC 81-1353-EKV, Bankruptcy No. 481-02666 H, Adv. No. 481 0643 AWPublishedCited by 18 opinions

1Opinion of the Court

OPINION

ELLIOTT, Bankruptcy Judge:

The debtor in possession, Adams Delivery Service purported to remove to the bankruptcy court a proceeding pending before the National Labor Relations Board under the authority of 28 U.S.C. § 1478. The ■ NLRB challenged the authority of the bankruptcy court to assume jurisdiction of the NLRB’s proceeding under the removal statute. The bankruptcy court refused to remand the case and the NLRB appealed. We grant leave to appeal the court’s interlocutory order, 28 U.S.C. § 1482(b), and reverse.

I. FACTS

Adams, a pharmaceutical delivery service, was a party to a…

2Cases cited9 opinions

Nathanson v. National Labor Relations BoardSupreme Court of the United States · 1952
Amalgamated Utility Workers v. Consolidated Edison Co.Supreme Court of the United States · 1940
National Labor Relations Board v. Evans Plumbing CompanyCourt of Appeals for the Fifth Circuit · 1981
In Re Bel Air Chateau Hospital, Inc., D/B/A University Height Hospital, F/d/b/a Bel Air Medical Hospital, a California Corporation, Debtor. National Labor Relations Board v. Sam Jonas, Receiver, National Labor Relations Board v. Fdi, Inc.Court of Appeals for the Ninth Circuit · 1979
In the Matter of Shippers Interstate Service, Inc., Debtor. Appeal of National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 1980

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

3Cited by18 opinions

National Labor Relations Board v. Edward Cooper Painting, Inc., and Cooper & Cooper Painting, an Alter EgoCourt of Appeals for the Sixth Circuit · 1986
National Labor Relations Board v. Continental Hagen CorporationCourt of Appeals for the Ninth Circuit · 1991
In Re Mile Hi Metal Systems, Inc., Debtor. Sheet Metal Workers' International Association, Local 9 v. Mile Hi Metal Systems, Inc.Court of Appeals for the Tenth Circuit · 1990
In Re Amalgamated Foods, Inc.United States Bankruptcy Court, C.D. California · 1984
Rath Packing Co. v. United Food & Commercial Workers International Union (In Re Rath Packing Co.)United States Bankruptcy Court, N.D. Iowa · 1984

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