Legal Opinion

Thomas M. Germain, Trustee for the Estate of O'sullivan's Fuel Oil Co., Inc. v. The Connecticut National Bank

Court of Appeals for the Second Circuit

Decided April 22, 1991No. 525, Docket 90-5044PublishedCited by 17 opinions

1Opinion of the Court

KEARSE, Circuit Judge:

Defendant Connecticut National Bank (“Bank”) appeals from an order of the United States District Court for the District of Connecticut, Peter C. Dorsey, Judge, affirming an order of the bankruptcy court which denied the Bank’s motion to strike the jury trial demand of plaintiff Thomas M. Germain, Trustee for the Estate of O’Sullivan’s Fuel Oil Co., Inc. (“O’Sullivan”). 112 B.R. 57. On appeal, the Bank contends that, for several reasons, the Trustee has no right to a jury trial under the Seventh Amendment to the Constitution. For the reasons below, we dismiss the appeal…

2Cases cited12 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  3. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
  4. Richardson-Merrell Inc. v. Koller Ex Rel. KollerSupreme Court of the United States · 1985
  5. Van Cauwenberghe v. BiardSupreme Court of the United States · 1988

7 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Thomas M. Germain, Trustee for the Estate of O'sullivan's Fuel Oil Co., Inc. v. The Connecticut National BankCourt of Appeals for the Second Circuit · 1993
  2. National Asbestos Workers Medical Fund v. Philip Morris, Inc.District Court, E.D. New York · 1999
  3. In Re Adelphia Communications Corp.District Court, S.D. New York · 2005
  4. First Fidelity Bank, N.A. v. Hooker Investments, Inc. (In re Hooker Investments, Inc.)Court of Appeals for the Second Circuit · 1991
  5. Tilton v. Securities & Exchange CommissionCourt of Appeals for the Second Circuit · 2016

12 more not listed; retrieve them via the Exa API.

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