Legal Opinion

Vision Metals, Inc. v. SMS Demag, Inc. (In Re Vision Metals, Inc.)

United States Bankruptcy Court, D. Delaware

Decided July 26, 2005No. 19-10315PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION 1

MARY F. WALRATH, Bankruptcy Judge.

This matter is before the Court on the Motion for Reconsideration filed by Vision Metals, Inc. (‘Vision”) of the Court’s decision dated May 26, 2005 (the “May 26 Opinion”), which granted the Motion for Judgment on the Pleadings filed by SMS Demag, Inc. (“Demag”), with respect to Count IV of Vision’s Complaint. 2 For the reasons stated herein, the Court will grant reconsideration but affirm its dismissal of Count IV.

I. BACKGROUND

The factual background of this case is recited in the May 26 Opinion and will not be repeated. On June 6, 2005,…

2Cases cited15 opinions

  1. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
  2. Harsco Corp. v. Lucjan ZlotnickiCourt of Appeals for the Third Circuit · 1986
  3. North River Insurance Company v. Cigna Reinsurance CompanyCourt of Appeals for the Third Circuit · 1995
  4. Paul v. MontsCourt of Appeals for the Tenth Circuit · 1990
  5. In Re: Kiwi International Air Lines, Inc. Simon Kimmelman, Trustee in Bankruptcy in No. 02-1037 v. The Port Authority of New York and New Jersey Simon Kimmelman, Trustee in Bankruptcy in No. 02-1038 v. Sabre Decision Technologies, Inc. Simon Kimmelman, Trustee in Bankruptcy in No. 02-1654 v. Cit Group/credit Finance, Inc. A/K/A the Cit Group, IncCourt of Appeals for the Third Circuit · 2003

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3Cited by4 opinions

  1. Official Comm. Unsecured Creditors of HH Liquidation, LLC v. Comvest Grp. Holdings, LLC (In re HH Liquidation, LLC)United States Bankruptcy Court, D. Delaware · 2018
  2. Paradigm Air Carriers, Inc. v. Texas Rangers Baseball Partners (In re Texas Rangers Baseball Partners)United States Bankruptcy Court, N.D. Texas · 2014
  3. Astria Health v. Cerner CorporationUnited States Bankruptcy Court, E.D. Washington · 2022
  4. In re: Manuel M. Babilonia Santiago and Mirta CortesUnited States Bankruptcy Court, D. Puerto Rico · 2019

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