Legal Opinion

Harvey Lawrence Burkett v. Shell Oil Company

Court of Appeals for the Fifth Circuit

Decided September 13, 1971No. 71-1027_1PublishedCited by 15 opinions

1Per curiam

The district court granted appellee’s motion for summary judgment, holding Burkett did not have standing to sue Shell on his own behalf for an antitrust violation alleged to have arisen prior to his filing for bankruptcy. The court found this cause of action to belong to the trustee in bankruptcy, not to Burkett personally. We affirm. Fazakerly v. E. Kahn’s Sons Co., 5th Cir. 1935, 75 F.2d 110. 1

1. Appellant’s brief to this Court raises two additional issues:

“Whether appellant should be allowed time to substitute the trustee as proper party plaintiff in this litigation and “whether the…

2Cases cited1 opinion

  1. Fazakerly v. E. Kahn's Sons Co.Court of Appeals for the Fifth Circuit · 1935

3Cited by15 opinions

  1. Stein v. United Artists Corp.Court of Appeals for the Ninth Circuit · 1982
  2. Vreugdenhil v. HoekstraCourt of Appeals for the Eighth Circuit · 1985
  3. Management Investors v. United Mine Workers Of AmericaCourt of Appeals for the Sixth Circuit · 1979
  4. In Re KeyworthDistrict Court, D. Colorado · 1985
  5. Management Investors v. United Mine WorkersCourt of Appeals for the Sixth Circuit · 1979

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