Legal Opinion

A. G. Becker & Co. v. Gilmore (In Re Financial Corp.)

United States Bankruptcy Court, W.D. Missouri

Decided December 28, 1981No. 18-30714PublishedCited by 2 opinions

1Opinion of the Court

ORDER OVERRULING DEFENSE OF IMPOSSIBILITY OF PERFORMANCE BY REASON OF GOVERNMENTAL INTERFERENCE IN THE FORM OF JUDICIAL ORDERS

DENNIS J. STEWART, Bankruptcy Judge.

The trustee in bankruptcy has objected to the claims of the above claimants on the ground, inter alia, that they are based on contracts with respect to which the performance of the bankrupt corporation was excused by reason of impossibility of performance occasioned by governmental interference. By means of its prior orders, this court has consolidated these claims for a hearing on this issue and appointed Harry P. Thomson, Esquire,…

2Cases cited9 opinions

  1. Securities and Exchange Commission v. Manor Nursing Centers, Inc.Court of Appeals for the Second Circuit · 1972
  2. Lowenschuss v. KaneCourt of Appeals for the Second Circuit · 1975
  3. Fed. Sec. L. Rep. P 95,017 Securities and Exchange Commission v. Management Dynamics, Inc., and William N. Levy, Securities and Exchange Commission v. Management Dynamics, Inc., and Samuel D. HodgeCourt of Appeals for the Second Circuit · 1975
  4. Kama Rippa Music, Inc. v. SchekerykCourt of Appeals for the Second Circuit · 1975
  5. Securities & Exchange Commission v. MillerDistrict Court, S.D. New York · 1980

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3Cited by2 opinions

  1. Farmers' Electric Cooperative, Inc. v. Missouri Department of CorrectionsSupreme Court of Missouri · 1998
  2. Waddy v. RigglemanWest Virginia Supreme Court · 2004

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