Legal Opinion

Bayer v. Nicola

Court of Appeals for the Eighth Circuit

Decided November 3, 1983No. 83-2045PublishedCited by 9 opinions

1Opinion of the Court

ARNOLD, Circuit Judge.

This is an appeal from an order of the District Court declining to consider an appeal from the Bankruptcy Court. We hold that the order of the Bankruptcy Court which plaintiffs sought to appeal to the District Court was a final order, within the mandatory appellate jurisdiction of the District Court. We therefore reverse and remand for further proceedings.

The underlying dispute is over the ownership of certain hogs. Larry Bayer, the plaintiff below and appellant here, filed an adversary proceeding in the Bankruptcy Court for the District of Nebraska claiming that the…

2Cases cited2 opinions

  1. Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981
  2. Marin Motor Oil, Inc. v. MichaelsCourt of Appeals for the Third Circuit · 1982

3Cited by9 opinions

  1. Inalene Lewis v. United States of America, Farmers Home AdministrationCourt of Appeals for the Eighth Circuit · 1993
  2. In Re Jeannette Corporation. Appeal of Goldstein & ManelloCourt of Appeals for the Third Circuit · 1987
  3. In Re BestmannCourt of Appeals for the First Circuit · 1983
  4. Minerex Erdoel, Inc., Cross-Appellees v. Sina, Inc., Baker, Smith & Mills, F/k/a Baker, Miller, Mills & Murray, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1988
  5. Barbara G. Stuart v. Eugene Wayne KochCourt of Appeals for the Eighth Circuit · 1997

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