Legal Opinion
Capital Asset Research Corp. v. Swinton (In Re Swinton)
District Court, W.D. Pennsylvania
Decided January 14, 2003No. CIV.A. 02-800PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM ORDER
CINDRICH, District Judge.
This bankruptcy appeal raises two interesting issues. First, as a preliminary matter, we must consider the extent to which we are bound to adhere to the Court of Appeals’ prediction of state law based on the decision of an intermediate appellate court in light of subsequent opinions by the same state appellate court. Second, we must determine the extent of the rights obtained by a private entity assignee of municipal liens under the Pennsylvania Municipal Claims and Tax Lien Act (“MCTLA”), 53 P.S. § 7101 et seq.
Procedural History
This appeal arises from…
2Cases cited15 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Robin Chamberlain v. Vincent C. Giampapa, M.D., Individually and Dba Plastic Surgery Center InternationaleCourt of Appeals for the Third Circuit · 2000
- Sondra L. McKenna and James R. McKenna v. Ortho Pharmaceutical CorporationCourt of Appeals for the Third Circuit · 1980
- Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield, in No. 99-3856 v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. In No. 99-3857 Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield, in No. 99-4049 v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb, in No. 99-3858 v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp Inc. Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp Inc. In No. 99-3859 Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb, in No. 99-3898 v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp IncCourt of Appeals for the Third Circuit · 2000
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3Cited by4 opinions
- Thomas v. City of Philadelphia (In re Thomas)United States Bankruptcy Court, E.D. Pennsylvania · 2013
- Citifinancial Services, Inc. v. Haburjak (In Re Haburjak)United States Bankruptcy Court, W.D. Pennsylvania · 2004
- Jackson v. Capital Asset Research Corp. (In re Jackson)United States Bankruptcy Court, M.D. Pennsylvania · 2003
- ADP, LLC v. PITTMANDistrict Court, D. New Jersey · 2019