Legal Opinion
New England Dairies, Inc. v. Daily Mart Convenience Stores, Inc.
Court of Appeals for the Second Circuit
Decided November 20, 2003No. 02-5010PublishedCited by 1 opinion
1Opinion of the Court
JACOBS, Circuit Judge.
In an underlying contract action brought by New England Dairies (“NED”) against Dairy Mart Convenience Stores, Inc. and Dairy Mart, Inc. (collectively, “Dairy Mart”), the Connecticut federal court ordered as a prejudgment remedy that Dairy Mart post a letter of credit and renew or replace it as necessary throughout the course of the litigation. After two renewals, Dairy Mart filed a Chapter 11 bankruptcy petition in the United States District Court for the Southern District of New York, and declined any further renewal. NED appeals from an order entered in the Southern…
2Cases cited11 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- In Re Sonnax Industries, Inc., Debtor. Sonnax Industries, Inc. v. Tri Component Products Corp.Court of Appeals for the Second Circuit · 1990
- United States v. Robert B. Sutton and Sutton Investments, Inc.Court of Appeals for the Fifth Circuit · 1986
- In Re Winthrop Old Farm Nurseries, Inc., Debtor. Winthrop Old Farm Nurseries, Inc. v. New Bedford Institution for SavingsCourt of Appeals for the First Circuit · 1995
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3Cited by1 opinion
- In Re: Dairy Mart Convenience Stores, Inc., Debtor. New England Dairies, Inc., Movant-Appellant v. Dairy Mart Convenience Stores, Inc., and Dairy Mart, Inc.Court of Appeals for the Second Circuit · 2003