Legal Opinion

Zilkha Energy Company v. Arthur Leighton, Verna Leighton, George W. Leighton, Susan Kay Stansberry, Ann E. Thompson, and Michael Frank Thompson

Court of Appeals for the Tenth Circuit

Decided December 10, 1990No. 89-6306PublishedCited by 141 opinions

1Opinion of the Court

JOHN P. MOORE, Circuit Judge.

This is an appeal from the dismissal of a complaint seeking recovery of alleged over-payments of oil and gas royalties. Plaintiff, successor to a chapter 11 debtor in possession, sought recovery on three theories, including a bankruptcy law claim of a trustee’s right to pursue actions as an hypothetical lien creditor under 11 U.S.C. § 544(a)(1). The district court dismissed the action as time barred. While part of the court’s reasoning led to the right conclusion on the bankruptcy issues, the judgment must be reversed for further consideration of whether laches…

2Cases cited6 opinions

Alithochrome Corp. v. East Coast Finishing Sales Corp. (In Re Alithochrome Corp.)United States Bankruptcy Court, S.D. New York · 1985
Troy O. Bishop v. Federal Intermediate Credit Bank of Wichita and B.L. HauensteinCourt of Appeals for the Tenth Circuit · 1990
Boatman v. E.J. Davis Co. (In Re Choice Vend, Inc.)United States Bankruptcy Court, D. Connecticut · 1985
Rucks-Brandt Construction Corp. v. SilverSupreme Court of Oklahoma · 1944
Lovell v. City of AltusSupreme Court of Oklahoma · 1925

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

3Cited by141 opinions

Daigle v. Shell Oil Co.Court of Appeals for the Tenth Circuit · 1992
Mediators, Inc. v. Manney (In re Mediators, Inc.)Court of Appeals for the Second Circuit · 1997
In Re: Cybergenics Corporation, Debtor the Official Committee of Unsecured Creditors of Cybergenics Corporation, on Behalf of Cybergenics Corporation, Debtor in Possession v. Scott Chinery L&s Research Corporation First Union National Bank of North Carolina Banque Indosuez Sunamerica Life Insurance Company Lincolnshire Management Inc Lincolnshire Equity Fund, L.PCourt of Appeals for the First Circuit · 2000
In Re Century Brass Products, Inc., Debtor. U.S. Brass & Copper Company v. Jerome E. CaplanCourt of Appeals for the Second Circuit · 1994
In Re Coastal Group Inc.Court of Appeals for the Third Circuit · 1994

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