Legal Opinion
Solomon v. Pacific Telephone & Telegraph Co.
Court of Appeals for the Ninth Circuit
Decided April 9, 1979No. 77-2257PublishedCited by 1 opinion
1Opinion of the Court
TEMPLAR, District Judge.
This case raises an important issue concerning the constitutionality of Cal.P.U.C. 36-T, Rule 23(B) which permits a telephone company to obtain as a condition of continued service the payment of a debt incurred prior to the filing of a petition under Chapter XI of the Bankruptcy Act. Both courts below held that the Rule created a state priority which contravened the purpose and operation of the Bankruptcy Act and that the Rule was, therefore, invalid under the Supremacy Clause of the United States Constitution.
FACTS
U. S. Financial, Inc. (USF) was a holding company…
2Cases cited18 opinions
- Perez. v. CampbellSupreme Court of the United States · 1971
- Welch v. HenrySupreme Court of the United States · 1938
- MacDonald v. Plymouth County Trust Co.Supreme Court of the United States · 1932
- In The Matter Of The Colorado CorporationCourt of Appeals for the Tenth Circuit · 1976
- Diamond Door Co. v. Lane-Stanton Lumber Co.Court of Appeals for the Ninth Circuit · 1974
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3Cited by1 opinion
- In The Matter Of U. S. Financial, Incorporated, DebtorsCourt of Appeals for the Ninth Circuit · 1979