Legal Opinion
Specialty Mills, Inc. v. Citizens State Bank
South Dakota Supreme Court
Decided February 5, 1997No. NonePublishedCited by 32 opinions
1Opinion of the Court
SABERS, Justice.
[¶ 1] Bank successfully moved bankruptcy court to issue notice that automatic stay was in effect in debtor’s pending bankruptcy proceedings. Notice was issued to Specialty Mills, Inc., (SMI), a non-creditor. SMI sought to remove its property from debtor’s premises. SMI sued, claiming the Bank’s actions amounted to malicious prosecution, abuse of process, intentional interference with contract, and tortious interference with business relationships. Bank counterclaimed for unpaid rents and for cleaning charges. Summary judgment was granted in Bank’s favor on all claims. SMI…
2Cases cited24 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- State, Department of Revenue v. ThiewesSouth Dakota Supreme Court · 1989
- Specialty Mills, Inc. Hesco, Inc. Bruce Hestad v. Citizens State Bank Dakota Oat Processors, Inc.Court of Appeals for the Eighth Circuit · 1995
- Bankr. L. Rep. P 71,103 Ostano Commerzanstalt and Dr. Herbert Jovy v. Telewide Systems, Inc., and Bernard L. SchubertCourt of Appeals for the Second Circuit · 1986
- Brown v. CarrDistrict of Columbia Court of Appeals · 1986
19 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Walther v. KPKA Meadowlands Ltd. PartnershipSouth Dakota Supreme Court · 1998
- Manuel v. WilkaSouth Dakota Supreme Court · 2000
- Michlitsch v. MeyerSouth Dakota Supreme Court · 1999
- Millard v. City of Sioux FallsSouth Dakota Supreme Court · 1999
- Stratmeyer v. EngbergSouth Dakota Supreme Court · 2002
27 more not listed; retrieve them via the Exa API.